Town of Bloomsburg, PA SUPPLEMENTARY REGULATIONS

Application. These regulations apply to all nonconforming structures and uses except signs, which are governed by § 27-805, Subsection G.

All lawful uses of land or of a building or other structure existing on the effective date of this chapter may be continued, altered, reconstructed, changed, sold or maintained even though such use may not conform to the use, height, area, yard and other regulations of the district in which it is located; provided, such nonconforming conditions shall comply with the following:

The Zoning Officer shall identify and register all nonconforming uses and nonconforming structures. Evidence of such registration shall be provided to the owner of record of any nonconforming use or nonconforming structure in the form of a certificate of nonconformance issued by the municipality. The nature of the nonconformity shall be described and made a matter of public record.

Any nonconforming use or structure, or portion thereof, which became subject to any spatial, facility and/or performance standards of any zoning ordinance enacted prior to the effective date of this chapter shall be subject to all such requirements herein to the extent that the provisions are a continuation of the requirements of said prior ordinance.

Alterations and Reconstruction.

Subject to the provisions of Subsection C hereunder in respect to extensions or enlargements: a nonconforming building or a building occupied by a nonconforming use declared to be sub-standard under any building, housing or related code or authority of the Town may be demolished and reconstructed provided that it shall comply with the area regulations and building and housing codes of the district in which located and reconstruction of the building shall commence within one year.

Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use.

A nonconforming building which is damaged by fire, explosion or act of nature may be rebuilt and used for the same purposes; provided, that:

The reconstruction of the building is commenced within one year from the date of occurrence of such damage and is carried to completion without undue delay.

The reconstructed building shall comply with the yard regulations of the district in which it is located; provided, however, reconstruction may be carried out upon existing sound foundations.

A nonconforming building which is voluntarily removed, demolished or disassembled by the owner thereof without having been declared substandard under any building, housing or related code or authority of the Town may not be rebuilt, reconstructed or replaced with another nonconforming building.

Extensions or Enlargements. A nonconforming use or structure may be extended or enlarged when authorized as a special exception subject to the following conditions and safeguards as may be imposed by the Zoning Hearing Board in accord with the provisions of this chapter.

The extension or enlargement shall conform to the height, area, yard and coverage regulations of the district in which it is located and the performance standards of this chapter.

When an existing nonconforming use of a building, structure or land is expanded, off-street parking and/or loading facilities shall be provided in accordance with the applicable provisions of this chapter for the net increase of expansion based upon land area and/or gross floor area of the subject use. Any existing use, prior to its expansion, which does not conform to the required number of off-street spaces that would otherwise be required shall not be required to provide said spaces as a condition for zoning approval.

[Amended by Ord. No. 990, 12/10/2018]

The extension or enlargement does not replace a conforming use.

The extension or enlargement does not expand to another lot.

Change of Use.

If no structural alterations are made, any nonconforming use of a structure, or structure and premises may, as a special exception, be changed to another nonconforming use provided that the Zoning Hearing Board, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Hearing Board may require appropriate conditions and safeguards.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

Abandonment and Discontinuance. When a nonconforming use of a structure, and/or premises in combination, is discontinued or abandoned for 12 consecutive months (except when death, involuntary or government action impedes access to or use of the premises), the structure, and/or premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which such is located.

Off-Street Parking and Loading.

General Parking.

Off-street parking facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available and accessible to patrons throughout the hours of operation of the particular business or use for which such facilities are provided. As used here, the term parking space includes either covered garage space or uncovered parking lot space located off the street right-of-way.

A garage or carport may be located wholly or partly inside the walls of the principal building, attached to the outer walls or unattached to the principal building. The garage may be constructed under a yard or court provided that the level of such yard or court shall conform to the general level of the other yards or courts on the same lot. The space above an underground garage shall be deemed to be part of the open space of the lot on which it is located.

Accessory off-street parking areas may be allowed in any zoning district, unless otherwise stated, subject to zoning approval of the principal use and/or structure and subject to compliance with all other applicable provisions of this chapter as related to off-street parking.

[Added by Ord. No. 990, 12/10/2018]

Buildings, structures and uses in existence at the date of adoption of this chapter shall not be subject to the off-street parking or off-street loading requirements, so long as a structure or use is not changed, altered or expanded. Existing off-street parking or off-street loading facilities provided prior to the adoption of this chapter shall not be reduced below the minimum requirements applicable to the particular use and/or structure.

[Added by Ord. No. 990, 12/10/2018]

When an existing use of a building, structure or land is expanded, off-street parking and/or loading facilities shall be provided in accordance with the applicable provisions of this chapter for the net increase of expansion based upon land area and/or gross floor area of the subject use. Any existing use, prior to its expansion, which does not conform to the required number of off-street spaces that would otherwise be required shall not be required to provide said spaces as a condition for zoning approval.

[Added by Ord. No. 990, 12/10/2018]

Whenever an existing use of a building, structure or land is changed to a different use, off-street parking and/or loading facilities shall be provided in accordance with the applicable provisions of this chapter based upon the proposed new use.

[Added by Ord. No. 990, 12/10/2018]

Facilities Required.

C Commercial Districts. In the C Commercial District no off-street parking shall be required.

All Zoning Districts Other Than C-Commercial District. Off street parking shall be provided for all uses as set forth below:

Student housing:

One parking space shall be required for each student. Said parking space shall be at least nine feet in width and at least 18 feet in length, exclusive of access drives or aisles.

All off-street parking areas for four or more automobiles shall be developed in accordance with the following standards:

Each required off-street parking space shall be at least nine feet in width and at least 18 feet in length, exclusive of access drives or aisles.

Each off-street parking space shall open directly upon an aisle or driveway at least 12 feet wide to provide a safe and efficient means of vehicular access to such parking space. (See Chapter 22, Subdivision and Land Development, for parking design.)

Such aisle or driveway shall be unobstructed and allow for the passage of emergency vehicles at all times.

All required parking spaces and aisles shall be provided wholly within the property lines and shall not extend into any public right-of-way.

Parking spaces and aisles/driveways shall be a minimum of six feet from side or rear property lines.

Parking spaces and aisle/driveways shall be a minimum of 10 feet from the principal structure.

Except as provided in this subsection, parking lots shall be designed in accordance with the applicable provisions of this chapter and Chapter 22, Subdivision and Land Development.

Nonstudent housing, except those housing uses specifically listed in Table 1:

One parking space for each dwelling unit located on the same lot where the occupant resides.

Where a dwelling unit is occupied by two or more unrelated individuals, one parking space for each two occupants or fraction thereof.

[Amended by Ord. 959, 11/10/2014]

The dimensions of each parking space shall be at least nine feet by 18 feet.

Except as provided in this subsection, parking lots shall be designed in accordance with the applicable provisions of this Chapter and the Town of Bloomsburg Subdivision and Land Development Ordinance.

No part of the public right-of-way of any street or road shall be used as the required area for parking.

Off-street parking for all other uses shall be provided as follows:

[Amended by Ord. 959, 11/10/2014]

Except in the BC District, parking spaces shall be on the same lot as the principal building or nonbuilding principal use. All other supplemental regulations relating to parking shall be complied with in the BC District. All parking spaces for use in the BC District must be located within the BC District.

Each off-street parking space shall have dimensions of not less than nine feet in width and 18 feet in length, exclusive of access drives or aisles. The dimensions of a compact parking space shall not be less than 7.75 feet wide and 16 feet in length.

[Amended by Ord. No. 990, 12/10/2018]

Parking lots shall be designed in accordance with the applicable provisions of this chapter and the Town of Bloomsburg Subdivision and Land Development Ordinance.

No part of the public right-of-way of any street or road shall be used as the required area for parking.

The number of off-street parking spaces to be provided shall be as shown in Table 1. When required parking computation results in fractions, any fraction less than one-half shall be disregarded, and any fraction equal to or greater than one-half shall be construed to require a full space.

[Amended by Ord. No. 990, 12/10/2018]

In providing required off-street parking as shown in Table 1, not more than 10% of the required spaces may be designed as compact car parking spaces.

[Added by Ord. No. 990, 12/10/2018]

In any instance where a structure, building or use of land contains more than one defined use, the total amount of required off-street parking spaces shall equal or exceed the number of spaces required for each specific use.

[Added by Ord. No. 990, 12/10/2018]

Shared Parking. The Zoning Hearing Board may grant a special exception approval for the joint use of parking for two or more principal uses, subject to the following criteria:

[Added by Ord. No. 990, 12/10/2018]

The total number of off-street parking spaces provided are not less than the number of the spaces required for each use individually.

When the sum of off-street parking spaces required for each principal use is greater than the total amount of provided spaces, the hours of operation for the subject uses shall not be conflicting.

Open space topographical features, such as slope or grade, shall not be reason to limit the number of additional parking spaces if reasonable engineering design criteria can render such open space usable.

[Amended by Ord. 959, 11/10/2014]

The Zoning Officer shall refer the diagram to the Town Engineer for his certification that either no additional parking spaces can be accommodated or that the proposed additional parking spaces can be accommodated.[1]

[Added by Ord. 959, 11/10/2014]

[1]

Editor’s Note: Former Subsection 3B(3), regarding parking in certain districts, which immediately followed this subsection, was repealed by Ord. 959, 11/10/2014.

Loading and Unloading Spaces.

[Amended by Ord. No. 990, 12/10/2018]

In addition to the off-street parking spaces required above, all commercial and industrial establishments, hospitals or nursing homes and other similar uses shall provide adequate off-street areas for loading and unloading of supplies to and from vehicles. In no case where a building is erected, converted or enlarged shall a public right-of-way be used for loading and unloading space. Each off-street loading space shall not be less than 50 feet in depth, 12 feet in width and shall provide an overhead clearance of not less than 14 feet.

Any property and/or use located within the C District that would otherwise be required to provide off-street areas for loading and unloading is hereby exempt.

Table 1
Requirements for Number of Off-Street Parking Spaces
AIRPORTS. At least one parking space for each private plane which can be accommodated at the airport facility but not less than a total of 20 spaces, plus one space for each employee per shift.
ANIMAL HOSPITALS. At least five parking spaces for each veterinarian client plus one space for each employee.
AUTOMOTIVE OR MOBILE HOME SALES and FARM EQUIPMENT SALES. At least one client parking space for each 1,500 square feet of sales area, whether indoor or outdoor, plus one space for each employee.
BUILDING SUPPLIES SALES and STORAGE and OTHER CONTRACTOR'S YARDS. At least one client parking space for each 1,500 square feet of sales area, whether indoor or outdoor, plus one space for each employee.
CEMETERIES. At least six parking spaces not including circulation lanes.
CLUBS, LODGES and FRATERNAL ORGANIZATIONS. At least one parking space for each 100 square feet of floor area.
COLLEGES and UNIVERSITIES. At least one parking space for every three students enrolled plus one parking space for every two employees on the maximum shift. The total number may include those allocated to auditoriums, stadiums and other places of assembly on campus.
COMMUNITY LIVING FACILITIES. At least one parking space for each such facility plus one space for each resident supervisor.
DANCE HALLS, ROLLER SKATING RINKS and OTHER SIMILAR PLACES. At least one parking space for each 100 square feet of floor area.
GARAGES or AUTOMOBILE SERVICE STATIONS. At least two parking spaces for each service bay.
GOLF COURSES or COUNTRY CLUBS. At least one parking space for every 10 members plus one for each employee.
HOME OCCUPATIONS. The requisite number of parking spaces per dwelling unit plus one space for each nonresident employee and at least one space per client or patron.
HOSPITALS and NURSING HOMES. Parking space shall be provided for visitors at the rate of at least one parking space for each three beds for patients. Such spaces shall be in addition to those necessary for doctors and other administrative personnel, with one for each doctor and one for each employee on the maximum shift.
HOTELS, MOTELS, and TOURIST HOUSES. At least one parking space for each guest room, plus one additional space for every two full-time employees. If a restaurant in connection with the above is open to the public, the off-street parking facilities shall not be less than those required for restaurants in addition to those required for guest rooms.
INDUSTRIAL, WAREHOUSE and WHOLESALE ESTABLISHMENTS. At least one parking space for each two employees per maximum shift.
LIBRARIES, MUSEUMS and OTHER SIMILAR PUBLIC BUILDINGS. One space for each 300 square feet of gross floor area plus one space for each employee.
MEDICAL, DENTAL and OTHER HEALTH CARE OFFICES. At least four parking spaces for each practitioner plus one space for each employee.
MORTUARIES and FUNERAL HOMES. At least one parking space for each three seats for public use. Such spaces shall be in addition to:
A.	Employee parking needs, with one space for each employee.
B.	Service area for mobile equipment such as hearses and ambulances.
NURSERY SCHOOLS. One space for every six children plus one space for every employee.
OFFICE BUILDINGS and BANKS. At least one parking space for each 200 square feet of gross floor area, or fraction thereof. Offices less than 200 square feet shall provide at least one parking space per office.
OPEN AREAS USED FOR COMMERCIAL PURPOSES. At least one parking space for each 1,500 square feet of area, or fraction thereof.
PERSONAL SERVICES and REPAIR ESTABLISHMENTS. At least one parking space for each 200 square feet of gross floor area, or fraction thereof. Establishments with less than 200 square feet shall provide at least one parking space per establishment.
PROFESSIONAL and BUSINESS SERVICES. At least one parking space for each 300 square feet of gross floor area, or fraction thereof. Such services of less than 300 square feet shall provide at least one parking space for each establishment.
PUBLIC TRANSPORTATION TERMINALS. At least one parking space for each 100 square feet of waiting room area plus one space per employee on the maximum shift.
RESTAURANTS and BARS. At least one parking space for each four customer seats, plus one space for every two full-time employees.
RETAIL STORES. At least one parking space for each 250 square feet of gross floor area, exclusive of areas not used for the sale or display of merchandise.
SHOPPING CENTERS. At least one parking space for each 350 square feet of gross floor area, or fraction thereof.
SINGLE DWELLING UNIT. Not less than one space. [Added by Ord. No. 990, 12/10/2018]
SWIMMING POOLS. Where a swimming pool is the principal use, at least one parking space for each five persons based upon the designed capacity of the pool.
THEATERS, AUDITORIUMS, CHURCHES, SCHOOLS, STADIUMS or ANY OTHER PLACE OF PUBLIC OR PRIVATE ASSEMBLY. At least one parking space for each four seats provided for public or private assembly.
UNIVERSITY ADMINISTRATIVE and FACULTY OFFICES. At least one parking space for each 500 square feet of habitable floor area.
UNIVERSITY BOOKSTORE and HEALTH and COUNSELING FACILITIES. At least one parking space for each 500 square feet of habitable floor area.
UNIVERSITY DORMITORIES. At least one parking space for each three persons in residence based on the design capacity of the building.
UNIVERSITY GARDEN STYLE APARTMENTS. At least three parking spaces for each apartment unit.
UNIVERSITY INSTRUCTIONAL FACILITIES. At least one parking space for every five classroom seats.
UNIVERSITY RESEARCH FACILITIES. At least one parking space for each 500 square feet of habitable floor area.

Design of Facilities. The design, surfacing, access and lighting of all off-street parking, loading and unloading facilities shall be in conformance with the related provisions of the Town of Bloomsburg Subdivision and Land Development Ordinance [Chapter 22].

Parking Buffers and Other Requirements. The following requirements shall apply to residential areas in all of the defined districts outlined in this chapter.

Off-street parking provided in accordance with requirements set forth in this Chapter shall be designed so that entry is gained either from the street or an alley. A four-foot-deep buffer, with a barrier, shall separate the defined off-street parking area from an adjoining property, excepting entrances and exits from parking areas and pedestrian walkways.

Corner Parking Lots. When an off-street parking lot is located at an intersection of two streets, two alleys, or a street and an alley, a buffer shall be created either at the side or front of the lot. The buffer shall be a minimum of four feet in depth and shall be planted with grass and/or appropriate shrubs. A barrier shall be installed to prevent vehicle access to the buffer area.

The area devoted to parking may not exceed 50% of the total lot/yard space of the property exclusive of the standing structure. The buffer area shall be considered as part of the yard.

Parking shall not be permitted in the front yard of an existing residence except where an improved driveway or other improved parking surface already exists.

Landscaping. Parking lots shall be landscaped to minimize the intrusive impact of the lot upon the property; the type of landscape materials shall be at the discretion of the owner, but shall, as a minimum, consist of grass and/or shrubs at the sides and front of the lot. Where the parking lot or area abuts an adjoining property, a four-foot deep landscaped buffer shall be created.

Paving Material. All off-street parking space, including access drives and aisles, shall be paved with pervious material such as brick, stone, crushed gravel, non-grade, shale or other comparable material. In those instances where impervious surfaces are used, proper drainage shall be incorporated into the design in such fashion so as not to increase water runoff onto adjoining properties.

Large-Lot Parking Facilities.

Applicability of Requirements. The following requirements shall apply in all districts.

Design and Layout. Large lots of 10 or more parking spaces shall utilize a minimum of 10% of the total area for pedestrian walkways. These elements shall be used to create buffers, setbacks and other separations will mitigate the paved area. Natural features, such as trees and shrubbery, shall be a component of this design plan. The plan shall be submitted to the Zoning Officer prior to the start of construction.

Lighting. A plan for lighting of large parking lots shall be submitted with the layout and design plan. It shall include provision for general overhead lighting of the total area as well as appropriate small-scale lighting devices to highlight walkways and other design elements.

Storage of Vehicles and Equipment. In all residential districts no commercial vehicles or equipment shall be parked or stored for more than 12 consecutive hours.

On-lot Waste and Sewage Disposal. All methods and plans for the on-lot disposal of sewage or wastes shall be designed in accordance with all applicable regulations pertaining to the treatment and disposal of sewage and wastes. A certificate or statement of adequacy from the Pennsylvania Department of Environmental Protection shall be a prerequisite to the issuance of a zoning permit.

Performance Standards for Commercial and Industrial Uses. The purpose is to establish minimum environmental standards with which commercial and industrial proposed land uses and structures must comply. Evidence of ability to comply shall be required prior to the issuance of a zoning permit or a certificate of zoning compliance, and continued compliance shall be required during the operation of such land uses, and structures. Where, in the opinion of the Zoning Officer, there is a probable violation of any performance standard, Council is empowered to have a qualified technician perform such investigations, measurements and analyses as may be necessary to determine whether or not there is, in fact, a violation; when a violation is found the offender shall bear the costs incurred by the municipality in retaining the qualified technician. Uses lawfully existing at the effective date of this Chapter shall also be subject to these performance standards in respect to the emission of solids such as dust, litter and other materials and particles beyond the premises except such particles as may be transmitted by stack emissions which are in compliance with the rules and regulations of the Pennsylvania Department of Environmental Protection.

Nuisance and Hazard Abatement.

Noise. At no point on or beyond the boundary of any lot shall the sound pressure level resulting from any use or activity, whether open or enclosed (except noise not directly under control of the property user, noises resulting from the construction and maintenance of buildings and facilities including site preparation, and the noises of safety signals, warning devices, railroads and automobile traffic) exceed the maximum permitted decibel levels for the designated octave band as set forth in the table below:

	Octave Band, Frequency in Cycles per Second	Sound Pressure Level in Decibels
	0 to 74	73
	75 to 149	68
	150 to 299	60
	300 to 599	53
	600 to 1,199	47
	1,200 to 2,399	41
	2,400 to 4,799	35
	4,800 and over	33

Odors. No continuous, frequent or repetitive emission of odors or odorcausing substances which would be offensive at or beyond any property line will be permitted. The existence of an odor shall be presumed when the concentration of the odor-causing substance or substances in the air at any point at or beyond the property line of the source exceeds the lowest concentration listed as the odor threshold for such substance or substances in Threshold Limit Values for Chemical Substances in the Work Area Environment, American Conference of Government Industrial Hygienists, 1974.

Offensive Area. All areas for parking, recreation, service, utility equipment, waste receptacles and/or other elements which because of their appearance, odor and/or noise would be offensive to those occupying the lot or adjoining lots or those on the street, shall be screened, landscaped or otherwise treated to eliminate the offensive condition.

Lighting. Lighting of all types shall be directed so as to reflect away from adjacent lots and public rights-of-way.

Landscaping. Natural landscaping elements, trees, shrubs, rocks, streams and contours are a valuable asset in the urban environment. All site developments shall retain as much of the natural landscaping as possible to a quality comparable to that of the surrounding properties.

Fire. All site layouts and structures shall comply with the B.O.C.A. Fire Prevention Code [Chapter 5]. No structure or activity within a site or structure shall pose a hazard of fire for adjacent lots and/or structures. Access for fire fighters and equipment shall be provided for every structure on the site.

(7)

Toxic and Noxious Matters. No emission which would be demonstrably injurious to human health, animals or plant life at or beyond the boundaries of any lot will be permitted. Where such an emission could result from an accident or equipment malfunction, adequate precautions for safe utilization of the toxic and noxious matters involved shall be taken.

(8)

Radiation Hazards. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes, shall be in conformance with the applicable regulations of the Nuclear Regulatory Commission.

(9)

Fire and Explosive Hazards. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, but only if said materials or products are stored, utilized or manufactured within a completely enclosed building having an incombustible exterior and being protected throughout by an automatic fire extinguishing system. All activities involving the use and/or storage and/or disposal of flammable or explosive material shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire fighting and suppression equipment and devices standard to the industry involved.

(10)

Glare and Heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line, except during the period of construction of the facilities to be used or occupied.

(11)

Electromagnetic Radiation. There shall be no electromagnetic radiation interference that adversely affects the operation of any equipment other than that equipment belonging to the creator of the interference. Any such interference must be in conformance with the regulations of the Federal Communications Commission.

(12)

Water. No emission of pollutants (as defined by the Pennsylvania Department of Environmental Protection) into a waterway or sewage system extending beyond the property line shall be permitted.

Pools, Private Swimming.

Every outdoor swimming pool of permanent construction, whether above or below ground, shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as to not have openings, holes or gaps larger than six inches in any dimension and if a picket fence is erected or maintained, the horizontal or vertical dimension of space between pickets shall not exceed six inches. A dwelling or an accessory building wall may be used as part of such enclosure. A self-contained fence which is part of an above-ground "deck pool" structure shall satisfy the requirement for a fence, provided that all other dimensional and safety requirements set forth in this subsection and in subsection (B) are satisfied.

All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching and locking device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling or any accessory buildings which form a part of the enclosure need not be so equipped.

The pool, not including at-grade deck areas, may not be located closer than 10 feet to any property line of the parcel upon which it is located. Abovegrade deck areas shall be included as part of the pool for the purpose of determining the distance to a property line hereunder.

Mobile Home Foundation Skirting. All mobile homes shall be provided with foundation skirting of a material compatible with the outer finish of the home. Such skirting shall be anchored at both the floor level of the home and the ground level, with no appreciable gap at the ground level. All skirting shall be maintained in good condition.

Elder Family Accessory Dwellings.

The purpose of elder family accessory dwellings as special exception uses in the R-C Districts is to recognize and accommodate them for elderly, infirm or disabled persons who desire to reside in an independent dwelling unit, but are physically, emotionally, or financially incapable of residing in a location entirely apart from and independent of their adult children or other close relatives. This type of dwelling is also intended as a recognition of the corresponding needs and conveniences of such adult children who have assumed significant responsibility for the care or maintenance of their parents, grandparents, or other close relatives, and the desire to care for or maintain them in a semi-independent dwelling in close proximity to their own residence.

In recognition of the unique and temporary needs and family circumstances which provide the basis for the elder family accessory dwellings use, the option utilizing a separate building on the same lot as the primary dwelling structure is available, where appropriate. It is intended that a single, separate building may, by special exception, be placed on the lot for the sole purpose of serving as the elder family accessory dwelling, subject to compliance with all applicable provisions of this Chapter, without such placement constituting subdivision or land development of the lot on which the elder family accessory dwelling is placed.

Where authorized by special exception, elder family accessory dwellings may be occupied only by one or two aged, infirm, or disabled parents, grandparents, or other family member of the occupant(s) of the primary dwelling. Where the elder family accessory dwelling consists of an addition or separate building, it may be only one story. Where it consists of a separate building, it must be easily removable from the lot or constructed of such materials and in such a manner as to be easily disassembled and removed. Mobile homes may be used, subject to compliance with all requirements applicable thereto. In all cases, the requirements for inhabitable floor area for apartments contained in § 27-802(2), the supplementary yard regulations contained is § 27-803 and the supplementary regulations for accessory buildings contained in § 27-804(2) shall be complied with.

Where the elder family accessory dwelling consists of an addition to or a conversion apartment within the primary dwelling structure, it may be maintained and utilized as a dwelling unit separate from the primary dwelling for only as long as the need or family circumstances which provided the basis for establishment of the elder family accessory dwelling continues. Once such need or family circumstances cease to exist (because, for example, of residing in the elder family accessory dwelling), then the structure will immediately revert to a single-family dwelling unit. Upon said reversion, the addition or conversion apartment need not be physically removed from the structure; the areas within the addition or conversion apartment must; however, be thenceforth utilized as part of the living space of the primary dwelling unit. Upon said reversion, the addition or conversion apartment which served as the elder family accessory dwelling may not be rented or let to a tenant or in any other manner be utilized as a dwelling unit separate or independent from the primary dwelling unit.

Where the elder family accessory dwelling consists of a separate building, it must be removed from the premises within two months from the date on which the need for the elder family accessory dwelling ceases to exist, as set forth above.

10.

Accessory Apartment (in the R-C and R-S Districts).

Purpose: to prevent the full conversion of single-family homes to student housing. The owners of the home still reside on the property and maintain control over the accessory apartment.

Use Regulations. The accessory apartment shall meet the following regulations in addition to those of the underlying zoning district:

The property owner must live and reside in the principal dwelling. An accessory apartment shall be contained within the principal structure or accessory structure.

One accessory apartment is permitted per lot.

Dimensional Regulations.

An accessory apartment shall not exceed 500 square feet.

An accessory apartment shall contain not more than one bedroom.

Parking Criteria. One off-street, on-site parking space shall be required for each accessory apartment.

§ 27-802 Supplementary area regulations.

[Ord. 687, 10/6/1986, § 802]

Habitable Floor Area. The minimum habitable floor area of a dwelling unit or any building or structure hereafter erected or used for living purposes shall be 600 square feet. In the case of apartment houses and conversion apartments, the minimum habitable floor area shall be not less than 400 square feet per apartment, except those apartments designed for and occupied exclusively by one person, which apartment shall each contain not less than 300 square feet of habitable floor area. Furthermore, the occupancy of any dwelling unit shall not exceed the space requirements of the Building and Housing Codes [Chapter 51 of the Town of Bloomsburg.

Building Access. No building shall hereafter be erected or altered unless there is direct access to the structure through an open space on the same lot. The Commercial District shall be exempted from this regulation.

Lots of Record. On a lot held in single and separate ownership at the effective date of this Chapter which does not fulfill the regulations for the minimum lot area and width for the district in which it is located, a building may be erected, altered and used thereon when authorized by variance granted by the Zoning Hearing Board.

§ 27-803 Supplementary yard regulations.

[Ord. 687, 10/6/1986, § 803; as amended by Ord. 808, 5/11/1998, § 1]

General Requirements. Yards shall be provided in accordance with the supplementary provisions set forth herein and shall be planted with grass seed, sod, ground cover or other vegetative cover, excepting in cases where walks, access drives, off-street parking lots, patios and other types of surfaces are permitted by this Chapter. All yards shall be maintained and kept free of all debris and rubbish.

Setbacks.

Where the street or private road upon which the lot abuts is less than 50 feet in width, the front yard depth and the width of the side yard abutting the street or private road shall be measured from a line parallel to and not less than 25 feet from the center line of the street private road, except in those instances where existing structures on the street directly abut the street.

When a lot abuts a railroad right-of-way, a yard depth of 30 feet measured from the center line of said right-of-way shall be provided. However, in the Commercial-Warehouse (C-W) District and the Industrial Park (I-P) District, structures may contain loading docks abutting a railroad siding in order to facilitate loading and unloading of railroad cars.

Adjustments to Meet Existing Setbacks in Front Yards.

When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard and has been so maintained since the effective date of this Chapter, the front yard of such unimproved lot may be the same depth of the front yards of such two adjacent improved lots, notwithstanding the yard requirement of the district in which it is located.

Where an unimproved lot adjoins only one improved lot having thereon a principal building, within 25 feet of the common side line, which extends into the required front yard of such improved lot and which extension existed at the effective date of this Chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements district. However, the second unimproved lot from the original improved lot must have at least the minimum front yard depth required in the district.

Side Yards for Corner Lots. On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district.

Accessory Buildings.

Accessory buildings shall not be erected within any required yard with the exception of the rear yard, in which case they may be not less than 10 feet from the rear lot line except in those districts where no rear yard setback is required.

The minimum distance between the main building and an accessory building at any point shall be 10 feet except where no windows are located in the opposite wall, the minimum distance can be reduced to five feet. Accessory buildings may be attached to the main building.

Buffer Areas and Screen Planting. Where buffer areas are required by terms of this Chapter, they shall be provided in accordance with the following standards:

A buffer area of 25 feet shall be required in all cases where industrial districts abut residential districts.

However, when said district boundary is a public street, no buffer area shall be required.

The required yard space for the district in which the use is located shall be considered as part of the buffer area.

That portion of the buffer area which is the required yard space shall be planted with grass seed, sod or ground cover and where specified, dense screen planting, except where access drives are required. Buffer areas shall be maintained and kept free of all debris and rubbish.

No structure, manufacturing or processing activity, or storage of materials shall be permitted in buffer areas; however, access drives may cross the buffer areas.

A dense screen planting shall be required in a buffer area and shall consist of trees, shrubs and other plant material arranged in a manner to serve as a barrier to visibility, air-borne particles, glare and noise.

Projections in Yards.

Cornices, eaves, gutters, bay windows or chimneys may project into the front, side or rear yard of a lot not more than 24 inches.

Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into any required yard. But uncovered steps may project into any yard not more than 4 1/2 feet.

Patios, driveways, walks, parking areas and window wells, and such other structures customarily incidental to the main building may project into required front, side or rear yards of a lot providing the grade elevation shall be not more than 12 inches above the yard grade.

Fences and Walls.

Fences may be erected, altered and maintained along property lines and within required yards and open spaces, provided that any such fence shall not exceed six feet in height.

Walls (including retaining walls) may be erected, altered and maintained along property lines and within required yards and open spaces, provided that any such wall shall not exceed four feet in height. A fence not exceeding four feet in height may be installed on top of a retaining wall.

The erection or alteration of a fence or wall on any corner lot shall be subject to the additional requirements of subsection (9).

Obstructions to Vision.

No walk, fence, sign or other structure shall be erected, or altered; and no hedge, trees, shrubs or other growth shall be maintained or permitted which may cause danger to traffic on a street or any intersecting private road or access drive by obscuring the view.

At all intersections of streets, private roads and/or access drives, a clear sight triangle shall be maintained within which there shall be no visual obstructions such as a wall, fence, sign or other structure and hedge, shrub, or other growth of more than two feet above the grade of the street and/or access road or private road other than public utility poles and trees not more then one foot in diameter.

The clear sight triangle shall be as follows when measured from the point of intersection of:

Two street lines equal to the required depth of the building setback from the street line in the district where located.

A street and an access drive or private road equal to the width of the access drive or private road.

§ 27-804 Supplementary Height Regulations.

[Ord. 687, 10/6/1986, § 804; as amended by Ord. 909, 12/20/2007]

Height Exceptions. Height regulations shall not apply to any of the following:

Agricultural.

Spires.

Belfries.

Cupolas.

Domes.

Chimneys.

Ventilators.

Skylights.

Water tanks.

Bulkheads.

Utility poles.

Silos.

Ornamental appurtenances.

Accessory Buildings. For all residential uses, accessory buildings shall not exceed 16 feet in height for one-story and 24 feet for two-story accessory buildings.

§ 27-804.1 Supplementary Occupancy Requirements.

[Ord. 909, 12/20/2007]

The maximum occupancy of any existing student housing shall be fixed at the number licensed for the 2007-2008 licensing year. If said student housing was not licensed for the 2007-2008 licensing year, the fixed occupancy shall be regulated by the last year that said student housing was licensed by the Town of Bloomsburg prior to the 2007-2008 licensing year.

§ 27-805 Signs.

[Ord. 613, 5/28/1975, Article XII; as amended by Ord. 687, 10/6/1986, § 801(8); by Ord. 709, 12/28/1988, § 21; and by Ord. 712, 6/2/2008, § 3]

Signs may be erected and maintained only when in compliance with the provisions of this Section and any and all other Sections and regulations relating to the erection, alteration or maintenance of signs and similar devices. Zoning permits will be required for the erection, alteration and maintenance of all signs in all districts.

General. Signs may be erected and maintained in the Town of Bloomsburg only when in compliance with the provisions of this Chapter and all other applicable chapters and regulations relating to the erection, alteration or maintenance of signs and similar structures. Zoning permits will be required for the erection, alteration and maintenance of all signs in all districts.

Permitted Signs. The following types of signs, and no others, shall be permitted in all districts provided, however, that business identification signs in subsection (C) in all districts shall conform to the more stringent requirements of the district in which they are located.

Signs advertising the sale or rental of the premises upon which they are erected by the owner or broker or any other person interested in the sale or rental of such premises, may be erected and maintained, provided:

The size of any such sign is not in excess of six square feet.

Not more than two signs are placed upon any property in single and separate ownership, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.

Such signs are removed within 10 days from sale or rental of the property.

Signs advertising the sale and development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer, or other person interested in such sale or development, may be erected and maintained provided:

The size of any sign is not in excess of 20 square feet.

Signs indicating the location and direction of premises available for or in the process of development, but not erected upon such premises and having inscribed thereon the name of the owner, developer, builder or agent, may be erected and maintained provided:

The size of any sign is not in excess of six square feet and not in excess of four feet in length.

Not more than one such sign is erected on each 500 feet of street frontage.

Signs of mechanics, painters and other artisans during the period such persons are performing work on the premises on which signs are erected, provided:

The size thereof is not in excess of 12 square feet.

Such signs are removed promptly upon completion of the work.

Signs indicating the private nature of a driveway or no-trespassing signs provided that the size of any such sign shall not exceed two square feet.

Signs indicating the private nature of a parking area, provided that the size of any such sign shall not exceed 40 square feet.

(7)

Signs identifying schools, colleges, churches, hospitals, sanitariums, apartments, offices and other permitted uses provided:

The size of any such sign is not in excess of 20 square feet.

Not more than two signs are placed on a property in single and separate ownership, unless such property fronts upon more than one street in which event two such signs may be erected on each frontage.

(8)

Signs advertising the sale of seasonal products provided:

The size of any such sign is not in excess of six square feet.

Not more than two signs are used.

The signs shall be displayed only when such products are on sale.

(9)

Signs advertising home occupations, where permitted, shall not be larger than eight inches by 20 inches, bearing the name and occupation, or use, conducted within the building.

(10)

Notwithstanding any other limitation or regulation of this Section, one sign not larger than six inches by 18 inches showing only the location, identity, name or office hours of business or professional offices, where such offices are permitted by the terms of this Section, may be erected within the yard of the premises occupied by such offices.

(11)

Signs necessary for the identification, operation and protection of public utility facilities, providing the size thereof is not in excess of two square feet.

(12)

Political campaign signs, banners or posters, subject to the following limitations on the times in which they may be maintained:

Such signs may not be erected or displayed earlier than a date two months prior to the election to which the signs pertain.

Such signs must be removed within 10 days after the election to which they pertain. If any such sign is not removed after the expiration of the ten-day period, then the political candidate or organization which erected or displayed the sign, or caused it to be erected or displayed, shall be in violation of this Section. In the event of such violation, the Zoning Officer shall give notice of the violation to the political candidate or organization, as the case may be and order the removal of the offending sign within five days of such notice. If the sign is not removed within said five days, then an ongoing violation shall be occurring and § 27-904 of this Chapter shall govern.

(13)

All signs constructed as freestanding shall meet a minimal setback to be identical to the property line on which the sign is to erected.

Business Identification Signs (General).

Signs, which may be double-faced, bearing the name of the occupant and services provided therein or products manufactured, processed, sold, or displayed therein, may be erected and maintained on the premises in the H-D, H-C, C, C-W, C-R, I-P, and BC Districts.

[Amended by Ord. 952, 2/10/2014; and by Ord. 981, 2/27/2017]

Such signs shall not exceed 12 square feet in the H-D District, nor 200 square feet in the H-C, C-W and I-P Districts. Such signs shall be subject to the dimensional regulations set forth in Subsection E in the C, C-R and BC Districts.

[Amended by Ord. 952, 2/10/2014]

Not more than one such sign may be placed per each street frontage of any one premises.

Additional accessory signs may be erected if such are entirely mounted on a wall of the building, or upon a structural projection of the building and do not extend above the height of the nearest wall, provided further that the combined area of such accessory signs shall not exceed 5% of the gross area of the vertical planes formed by the building's exposed exterior walls and roof.

In cases of integrated group development such as shopping centers and industrial parks, one common identification sign not exceeding 300 square feet shall be provided in lieu of separate principal signs for each establishment contained within the complex; furthermore, one additional sign per street frontage not exceeding 100 square feet may be provided for each establishment providing such are attached thereto in accordance with the above provisions regarding accessory signs.

Existing business identification signs on existing nonconforming uses may be continued and maintained provided that such signs shall conform to the General Requirements as set forth in this Section.

Requirements for Signs. The following regulations shall apply to all permitted uses:

[Amended by Ord. 981, 2/27/2017]

Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated.

Signs shall not be placed in such a position that they will cause danger to traffic on a street by obscuring the view.

All freestanding signs shall meet a minimal setback to be identical to the yard requirement of the district in which the property is located.

Signs necessary for the identification, operation and protection of public utilities, other than an official traffic sign, shall not be erected within the lines of any street, unless authorized by the Town officials for a special purpose and for a specified time.

Signs shall not project beyond property lines nor over public walkways except that signs in Districts other than the C and C-R Districts, above and clearing the sidewalk grade by 10 feet or more, may extend two feet from the building line, while those above and clearing the sidewalk grade by 20 feet or more may extend six feet from the building line.

Signs shall not project above the structural height limit permitted in any district in which they are located.

(7)

Ground or monument signs may not exceed 10 feet in height from the ground elevation at the base of the sign. Ground elevation shall be exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the grade cannot reasonably be determined, for signs based above road grade, the grade at the base of the sign shall be equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

(8)

When two sides of a double-faced sign are located not more than 48 inches apart at the sign's widest point and not more than 36 inches at the narrowest point, and display identical writing or representation, only one of the sides shall be used to determine the surface area. Any additional sides of a multifaced sign shall be considered as a separate sign for purposes of computing the total surface area of the sign.

(9)

All signs shall be removed when the circumstances leading to their erection no longer apply.

(10)

No sign, or portion thereof, including lights, whether stationary, animated, sequential, flashing or oscillating shall be permitted in any district which, by reason of its design, intensity, color, location or movement may interfere or cause confusion with traffic lights, signals or other controls or otherwise interfere with the operation of vehicles upon a public thoroughfare.

(11)

All signs to be erected along the right-of-way of any Federally-aided or State highway shall also be in accordance with the regulations of the Pennsylvania Department of Transportation.

(12)

Window Signs.

No window sign shall occupy more than 20% of the total area of the window in which the sign is located.

No sign shall be affixed to a window surface except that the name, monogram, logo, address, telephone number, e-mail address, website, and social media addresses of the person or firm occupying the premises may be permanently affixed upon the window.

Incidental signs shall not be included in the overall computation of allowable window signs. They may be illuminated; however, they may not flash or otherwise change appearance once illuminated.

Temporary window signs advertising a sale, or similar special or promotional price reduction, shall be exempt from these regulations of window signs contained in Subsection B(2).

The surface area of window signs shall not be included in the overall computation of allowable signage as determined by the provisions of Subsection B above.

(13)

Sign Illumination.

Signs shall be illuminated only by white, stationary external light, or backlighted by an interior stationary light without causing glare for motorists, pedestrians, or neighboring properties.

The use of exposed neon or LED lighting within signs or on the exterior of a structure shall be prohibited. Neon or LED lighting shall be permitted when used to backlight a translucent panel.

Illumination shall employ only lights of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, pulsating, or moving lights, or lights creating an illusion of movement.

Illumination and wiring of all electric signs shall comply with the National Electrical Code, 1996 edition, as amended.

(14)

Control of Light and Glare.

Height of Lights. No luminaire, spotlight, or other light source that is within 200 feet of a lot line of an existing dwelling or approved residential lot shall be placed at a height exceeding 35 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building, nor lighting of outdoor public recreation facilities.

Diffused. All light sources, including illuminating signs, shall be properly diffused as needed with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings, or adjacent lots.

Shielding. All light sources, including signs, shall be shielded around the light source and directed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward, or onto a public roadway, and to prevent the lighting from shining into the eyes of passing motorists.

Spillover. Unless specified otherwise, the maximum light level cannot exceed 0.5 maintained footcandle at any residential property line and 2.0 maintained footcandles at any public street right-of-way (unless otherwise approved by the Planning Commission).

Special Sign Regulations for Commercial, Commercial-Residential, and Business Campus Districts.

[Amended by Ord. 952, 2/10/2014; and by Ord. 981, 2/27/2017]

Application. These regulations apply to signs in the C, C-R, and BC Districts, in addition to the other regulations applicable throughout the Town contained in this section. In case of conflict between any other regulations and these special regulations, these special regulations take precedence with respect to the C, C-R, and BC Districts.

Permitted and Prohibited Signs. Signs in the BC District are regulated by purpose and type.

Table 1 lists the purposes for which signs are permitted in the BC District. All other sign purposes are prohibited.

All advertising signage for the purpose of off-site business identification, sales, and events is prohibited.

Table 1. Sign Purposes Permitted in the BC District
Purpose	Permitted in the BC District
Construction/Real Estate Development	Temporary
Construction/Contractor	Temporary
Directional/Wayfinding	Permanent and Temporary
Directory	Permanent and Temporary
Gas Pricing	Permanent and Temporary
Property or Business Identification, including Integrated Group Development	Permanent and Temporary
Menu/Product Board	Permanent and Temporary
Noncommercial/Public Interest	Permanent and Temporary
On-site Retail Sales and Events	Permanent and Temporary
Political	Temporary
Real Estate/Rental or Lease Availability	Temporary
Real Estate/Sales	Temporary
Regulatory	Permanent and Temporary

Table 2. Permitted and Prohibited Sign Types for Use in the BC District
Sign Type		Permitted or Prohibited in the BC District
Freestanding
	Ground or Monument	Permitted
	Human	Permitted
	Portable	Permitted
	Post and Panel	Permitted
	Blade or Flag	Prohibited
	Billboard	Prohibited
	High-rise	Prohibited
	Inflatable or Balloon	Prohibited
Mounted
	Awning	Permitted
	Bracket or Shingle	Permitted
	Cabinet	Permitted
	Canopy	Permitted
	Cornice	Permitted
	Door or Window	Permitted
	Marquee or V-Type	Permitted
	Mural	Permitted
	Video Display or Video Panel	Permitted
	Wall	Permitted
	Banner	Prohibited
	Bench	Prohibited
	Blade or Flag	Prohibited
	Roof	Prohibited

Requirements for Signs.

Projection. Signs shall not project more than eight inches from the surface of the building. All signs shall be located within, or shall extend not more than 60 inches from, the wall of any building, with such projection to include any bracket to which signs are attached. Any sign attached to the wall of a building and projecting more than eight inches from the surface of the building shall be attached in such a manner that the face of the sign is substantially perpendicular to such wall. No perpendicular sign shall be of a horizontal width greater than 40 inches exclusive of brackets.

All ground or monument signs and post and panel signs shall be located within a landscaped planter equal in area to, or larger in area than, the size of the sign.

Height.

No sign shall extend above the height of the building.

No freestanding sign shall be taller than 25 feet.

Ground or monument signs for integrated group developments greater than five acres may be no taller than 25 feet.

Clearance. Any sign extending more than eight inches from the wall of a building shall be located at a height of not less than 10 feet above grade.

Total Surface Area of Signs.

For buildings or portions thereof under separate management or control having building frontages of 50 feet or less, the surface area of all exterior signs on any given side of the building on the premises shall not exceed two square feet per lineal foot of building frontage on that side or 75 square feet, whichever is less, for each side or frontage on a public street or each side or frontage with public access; provided, however, that the surface area of all such signs shall not exceed, in the aggregate, 75 square feet on any single building side or frontage.

For buildings or portions thereof under separate management or control having building frontages in excess of 50 feet, the surface area of all exterior signs on any given side of the building on the premises shall not exceed 1 1/2 square feet per lineal foot of building frontage on that side or 125 square feet, whichever is less; provided, however, that the surface area of all such signs shall not exceed, in the aggregate, 125 square feet on any single building side or frontage.

Freestanding signs shall not exceed 80 square feet in area, except in cases of integrated group developments greater than five acres where they may be no larger than 300 square feet measured as the height times the width of the entire sign structure.

(f)

Material.

Mounted signs in the C, C-R, and BC Districts shall be constructed of wood, metal, or tubular neon light material. Plastic signs will be permitted, but only to the extent they are not prohibited under Subsection E(2)(a).

Internally lit plastic, plexiglass, or glass (except neon) signs shall not be permitted in the C, C-R, and BC Districts; provided, however, that the prohibition shall not apply to letters mounted singly and apart from one another, which, read together as a whole, constitute a "sign."

Factory-manufactured franchise or trademark signs shall be considered on a case-by-case basis in terms of their adherence to these general sign requirements.

(g)

Other Signs. Any sign advertising the sale, rental, development, and/or location of a premises shall conform to the regulations listed under § 27-805B, Permitted Signs.

(h)

Moving Parts. No sign or any part of a sign (excluding signs located wholly within a building) shall move or create the illusion of movement in any manner.

(i)

Permitted Information on Signs. No signs (excluding signs located wholly within a building or affixed to a window) shall be erected or maintained on any premises, except to identify the business or to state the name of the person or entity occupying the premises and the product or service offered or to identify the building. For integrated group developments with six or more owner/tenant spaces, the common business identification sign shall identify the name of the integrated development and/or its largest tenants.

(j)

Illumination.

All electronic messaging shall be equipped with automatic dimming technology which automatically adjusts the sign's brightness in direct correlation with ambient light conditions.

No electronic messaging shall exceed a brightness level of 0.3 footcandle above ambient light.

Prior to permitting, the applicant shall submit a signed letter from the manufacturer stating that the sign in question is equipped with the ability to comply with all applicable regulations of this section.

(k)

Variable Electronic Messaging.

Any electronic messaging or video display portion of an integrated group development's common business identification sign shall be no more than 40% of the total sign area.

Copy on any electronic message sign shall:

Remain unchanged for a minimum of 60 seconds.

Change from one complete message to the next compete message within one second.

Not have the appearance of a visual dissolve or fading, in which any part of one electronic message appears simultaneously with any part of a second electronic message.

All variable electronic messaging signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, in order to bring the variable electronic message lighting level at night into compliance with § 27-805E(3)(j).

(l)

Awnings. Retractable awnings shall be permitted. The only sign(s) allowed on an awning shall be the name of the store, logo, and the street number, and the combined display area of such sign(s) shall be counted as part of the total area allowed that building for its exterior signs.

(m)

Painted Wall Signs. Signs painted directly on the surface of a building are permissible where they identify a building or business conducted therein.

(n)

Banners. Banners are permitted in the C and C-R Districts when they meet all specifications for signs.

(o)

Murals. Murals are permitted in the C, C-R, and BC Districts when they meet all specifications for signs.

(p)

Off-Site Signs. Off-site signs are prohibited in the C, C-R, and BC Districts.

(q)

Obscene Signs. Obscene signs are prohibited. No sign shall utilize sexually explicit or suggestive language or graphics, nor any illustration of "specified sexual activities" or "specified anatomical areas," nor shall it bear language, images, or graphics deemed obscene by the Pennsylvania Crimes Code.[1]

[1]

Editor's Note: See 18 Pa. C.S.A. § 101 et seq.

Exemptions.

Signs exempted from all regulations contained in this Section are:

Traffic or similar regulatory devices or warnings at railroad crossings, but the number and locations of these signs shall be reviewed annually.

Flags of political, civic, philanthropic, educational or religious organizations.

Temporary signs, totaling not over two square feet of surface area on any lot, appertaining to campaigns, drives or events of civic, philanthropic, educational or religious organizations; provided, however, that such total surface area may not exceed two square feet for a single period of not more than seven days in any quarter calendar year.

Memorial plaques, cornerstones, historical tablets and the like.

Signs posted in conjunction with doorbells or mailboxes not exceeding seven square inches in surface area.

(f)

Signs required to be maintained or posted by law or governmental order, rule or regulation, unless specifically prohibited, limited or restricted.

(g)

Small nonilluminating signs, not exceeding 1 1/2 square feet in surface area, displayed strictly for the direction, safety or convenience of the public, including signs which identify rest rooms, parking area entrances or exits, freight entrances or the like.

(h)

Address signs, not more than one for each street frontage of each principal use on a lot and none exceeding 72 square inches in surface area, showing only the numerical address designations of the premises upon which they are placed.

Nonconforming Signs.

The Zoning Officer of the Town of Bloomsburg shall record, by photograph and maintain such record of all preexisting, nonconforming signs in the Town.

Following the enactment of these regulations, signs shall lose their preexisting, nonconforming status and be removed within 30 days from losing such status and shall not be replaced with another nonconforming sign, under the following conditions:

The activity goes out of business.

The sign is damaged or destroyed.

There is a change of ownership of the business or building.

There is nonuse of the sign for 30 days.

The sign is removed by the owner of the business or building.

Subject to the regulations set forth above, preexisting, nonconforming signs shall be permitted to remain on the property.

Permits.

It shall be the duty of the Zoning Officer upon receipt of an approved, completed application for a sign permit to examine such plans and specifications and other data contained in the application and the premises upon which it is proposed that a sign or other advertising structure be erected and, if the proposed sign is in substantial compliance with this Chapter and all other Chapters and regulations of the Town of Bloomsburg, the Zoning Officer shall then issue the sign permit.

If the work authorized under a sign permit has not been completed within six months after the date of the permit's issuance, said permit shall become null and void and there shall be no refund of any fee which has been paid to obtain the permit.

A sign permit shall be required to be obtained from the Zoning Officer designated by the Town Council of the Town of Bloomsburg. Such officer shall furnish appropriate application forms at the Town Hall and shall issue a permit within 45 days of the application whenever an application complies with the provisions of this Chapter. Rejected applications shall be returned to the applicants within 45 days of application, complete with a written explanation for the rejections. All applications shall be accompanied by a permit fee in an amount to be established by resolution of Town Council.

The application for a sign permit shall be accompanied by the following plans and other information:

The name, address and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector.

The location, by street, of the proposed sign structure.

Complete information as required on application forms provided by the Zoning Officer, including a site plan and elevation drawings of the proposed sign, lettering and art work of the proposed sign and other data as are pertinent.

Maintenance and Removal.

Every sign, including those specifically exempt from this Chapter shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust-resistant material. The Zoning Officer or his designated representative shall inspect and shall have the authority to order the painting, repair, alteration or removal of a sign which shall constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.

No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises.

Administration and Enforcement.

No signs shall be erected or maintained within any district except in conformity with this Chapter.

The Zoning Officer shall also make inspections from time to time for the purpose of ensuring full compliance with this Chapter and shall inspect each completed sign accordingly.

§ 27-806 Special Supplemental Regulations in the HE-C Health Care District.

[Ord. 613, 5/28/1975; as amended by Ord. 687, 10/6/1986, § 806; as added by Ord. 757, 3/1/1993, § 3]

Emergency Vehicle Facilities.

Such facilities shall be limited to the storage of vehicles and shall not include the service, repair or maintenance of vehicles.

Such facilities may be permitted as an integral part of a health care facility or as a separate structure placed in accordance with setbacks as provided above.

Heliports. As a special exception for approval, heliport uses shall comply with all design, installation, operations and maintenance standards applicable to private heliports as set forth in the Pennsylvania Aviation Administration Code, regulations promulgated by the Pennsylvania Department of Transportation, the United States Code, the Federal Aviation Administration and the United States Department of Transportation.

A minimum height of six feet of screening material shall be required and may be combined with any of the following materials at the specified minimum/maximum heights:

Deciduous and evergreen trees (minimum of six feet).

Fencing (maximum of six feet).

Walls (maximum of six feet).

Earthen berms and mounding (maximum of six feet).

Shrubbery.

Groundcover.

Lighting Standards.

Intent. Site lighting should minimize emission of light rays into both the night sky and neighboring properties. Carefully designed site lighting plans are required to provide the best balance between site safety, security and appearance consideration.

Applicability. The following lighting standards shall apply to all commercial, industrial, institutional, public/semipublic and multifamily residential development.

General Requirements. Site lighting shall be limited to that necessary for security, safety and identification. Other uses of site lighting for accent or decorative purposes is discouraged, except when provided by low-level fixtures and done in a careful manner.

Parking Area and Private Street Lighting.

All parking lot and private streetlighting shall be fully shielded so that all light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.

Overhead luminaries mounted at 15 feet to 20 feet high are recommended for nonresidential parking areas and should be located to direct light away from public streets and adjoining properties. Luminaries mounted over 20 feet high are not permitted. In residential parking areas, the maximum permitted luminary mounting height is 15 feet. A larger number of lower fixtures is preferred over a few high-masted standards. All light sources must be screened in such a manner so as not to be visible from an adjoining property.

Luminaries located within residential parking areas shall be positioned so as to minimize interference with bedroom windows.

All parking lot lighting shall be integrated with site landscaping.

Overhead Lighting.

Overhead lighting fixtures along walkways shall be located so that light patterns overlap at a height of approximately six feet. At hazardous places, such as changes in grade, lower-level supplemental lighting is recommended.

Overhead lighting shall be mounted at a height of approximately eight feet to 12 feet. No fixture shall be mounted higher than 15 feet except at streets, driveways and nonresidential parking areas.

Low-Level Lighting. Along walkways, low-level lighting is encouraged in the form of bollards or mounted or small posts. When low-level lighting (below eye-level is used, fixtures should be placed to minimize glare. Shatterproof lamp coverings are recommended. Posts should not be located to present hazards for pedestrians or vehicles.

Site Lighting Fixtures.

Fixtures should be compatible with the architectural character of the building served.