[Ord. 687, 10/6/1986, § 801; as amended by Ord.
709, 9/12/1988, § 20; by Ord. 804, 1/12/1998; by Ord. 841,
12/19/2001; by Ord. 854. 1/13/2003, § 14; by Ord. 885, 5/23/2005,
§ 8; by Ord. 909, 12/20/2007; and by Ord. 712, 6/2/2008,
§ 2]
2.
Nonconforming Structures and Uses.
A.
General.
(2)
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:
(a)
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.
(b)
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.
B.
Alterations and Reconstruction.
(1)
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.
(2)
Repairs and structural alterations may be made to a nonconforming
building or a building occupied by a nonconforming use.
(3)
A nonconforming building which is damaged by fire, explosion
or act of nature may be rebuilt and used for the same purposes; provided,
that:
(a)
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.
(b)
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.
(4)
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.
C.
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.
(1)
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.
(2)
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]
(3)
The extension or enlargement does not replace a conforming use.
(4)
The extension or enlargement does not expand to another lot.
D.
Change of Use.
(1)
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.
(2)
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.
E.
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.
3.
Off-Street Parking and Loading.
A.
General Parking.
(1)
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.
(2)
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.
(3)
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]
(4)
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]
(5)
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]
(6)
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]
B.
Facilities Required.
(1)
C Commercial Districts. In the C Commercial District no off-street
parking shall be required.
(2)
All Zoning Districts Other Than C-Commercial District. Off street
parking shall be provided for all uses as set forth below:
(a)
Student housing:
1)
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.
2)
All off-street parking areas for four or more automobiles shall
be developed in accordance with the following standards:
a)
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.
b)
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.)
c)
Such aisle or driveway shall be unobstructed and allow for the passage
of emergency vehicles at all times.
d)
All required parking spaces and aisles shall be provided wholly within
the property lines and shall not extend into any public right-of-way.
e)
Parking spaces and aisles/driveways shall be a minimum of six feet
from side or rear property lines.
f)
Parking spaces and aisle/driveways shall be a minimum of 10 feet
from the principal structure.
(b)
Nonstudent housing, except those housing uses specifically listed
in Table 1:
1)
One parking space for each dwelling unit located on the same
lot where the occupant resides.
2)
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]
3)
The dimensions of each parking space shall be at least nine
feet by 18 feet.
4)
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.
5)
No part of the public right-of-way of any street or road shall
be used as the required area for parking.
(c)
Off-street parking for all other uses shall be provided as follows:
[Amended by Ord. 959, 11/10/2014]
1)
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.
2)
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]
3)
Parking lots shall be designed in accordance with the applicable
provisions of this chapter and the Town of Bloomsburg Subdivision
and Land Development Ordinance.
4)
No part of the public right-of-way of any street or road shall be
used as the required area for parking.
5)
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]
6)
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]
7)
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]
8)
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]
a)
The total number of off-street parking spaces provided
are not less than the number of the spaces required for each use individually.
b)
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.
(d)
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]
(e)
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.
C.
Loading and Unloading Spaces.
[Amended by Ord. No. 990, 12/10/2018]
(1)
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.
(2)
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.
|
D.
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].
(1)
Parking Buffers and Other Requirements. The following requirements
shall apply to residential areas in all of the defined districts outlined
in this chapter.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(2)
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.
E.
Large-Lot Parking Facilities.
(1)
Applicability of Requirements. The following requirements shall
apply in all districts.
(2)
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.
(3)
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.
4.
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.
5.
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.
6.
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.
A.
Nuisance and Hazard Abatement.
(1)
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
|
(2)
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.
(3)
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.
(4)
Lighting. Lighting of all types shall be directed so as to reflect
away from adjacent lots and public rights-of-way.
(5)
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.
(6)
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.
7.
Pools, Private Swimming.
A.
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.
B.
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.
C.
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.
8.
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.
9.
Elder Family Accessory Dwellings.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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).
A.
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.
B.
Use Regulations. The accessory apartment shall meet the following
regulations in addition to those of the underlying zoning district:
D.
Parking Criteria. One off-street, on-site parking space shall be
required for each accessory apartment.
[Ord. 687, 10/6/1986, § 802]
1.
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.
2.
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.
3.
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.
[Ord. 687, 10/6/1986, § 803; as amended by Ord.
808, 5/11/1998, § 1]
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.
2.
Setbacks.
A.
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.
B.
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.
3.
Adjustments to Meet Existing Setbacks in Front Yards.
A.
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.
B.
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.
4.
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.
5.
Accessory Buildings.
A.
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.
B.
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.
6.
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.
A buffer area of 25 feet shall be required in all cases where industrial
districts abut residential districts.
B.
However, when said district boundary is a public street, no buffer
area shall be required.
C.
The required yard space for the district in which the use is located
shall be considered as part of the buffer area.
D.
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.
E.
No structure, manufacturing or processing activity, or storage of
materials shall be permitted in buffer areas; however, access drives
may cross the buffer areas.
F.
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.
7.
Projections in Yards.
A.
Cornices, eaves, gutters, bay windows or chimneys may project into
the front, side or rear yard of a lot not more than 24 inches.
B.
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.
C.
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.
8.
Fences and Walls.
A.
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.
B.
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.
C.
The erection or alteration of a fence or wall on any corner lot shall
be subject to the additional requirements of subsection (9).
9.
Obstructions to Vision.
A.
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.
B.
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.
C.
The clear sight triangle shall be as follows when measured from the
point of intersection of:
[Ord. 687, 10/6/1986, § 804; as amended by Ord.
909, 12/20/2007]
[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.
[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.
A.
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.
B.
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.
(1)
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:
(a)
The size of any such sign is not in excess of six square feet.
(b)
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.
(c)
Such signs are removed within 10 days from sale or rental of
the property.
(2)
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:
(3)
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:
(5)
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.
(6)
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:
(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:
(a)
Such signs may not be erected or displayed earlier than a date
two months prior to the election to which the signs pertain.
(b)
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.
C.
Business Identification Signs (General).
(1)
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]
(2)
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]
(3)
Not more than one such sign may be placed per each street frontage
of any one premises.
(4)
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.
(5)
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.
(6)
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.
D.
Requirements for Signs. The following regulations shall apply to
all permitted uses:
[Amended by Ord. 981, 2/27/2017]
(1)
Signs must be constructed of durable materials, maintained in
good condition, and not allowed to become dilapidated.
(2)
Signs shall not be placed in such a position that they will
cause danger to traffic on a street by obscuring the view.
(3)
All freestanding signs shall meet a minimal setback to be identical
to the yard requirement of the district in which the property is located.
(4)
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.
(5)
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.
(6)
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.
(a)
No window sign shall occupy more than 20% of the total area
of the window in which the sign is located.
(b)
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.
(c)
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.
(d)
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).
(e)
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.
(a)
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.
(b)
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.
(c)
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.
(d)
Illumination and wiring of all electric signs shall comply with
the National Electrical Code, 1996 edition, as amended.
(14)
Control of Light and Glare.
(a)
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.
(b)
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.
(c)
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.
(d)
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).
E.
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]
(1)
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.
(2)
Permitted and Prohibited Signs. Signs in the BC District are
regulated by purpose and type.
(a)
Table 1 lists the purposes for which signs are permitted in
the BC District. All other sign purposes are prohibited.
(b)
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
|
(3)
Requirements for Signs.
(a)
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.
(b)
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.
(d)
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.
(e)
Total Surface Area of Signs.
1)
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.
2)
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.
3)
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.
1)
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).
2)
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."
3)
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.
1)
All electronic messaging shall be equipped with automatic dimming
technology which automatically adjusts the sign's brightness in direct
correlation with ambient light conditions.
2)
No electronic messaging shall exceed a brightness level of 0.3
footcandle above ambient light.
3)
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.
1)
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.
2)
Copy on any electronic message
sign shall:
a)
Remain unchanged for a minimum of 60 seconds.
b)
Change from one complete message to the next compete message
within one second.
c)
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.
3)
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.
F.
Exemptions.
(1)
Signs exempted from all regulations contained in this Section
are:
(a)
Traffic or similar regulatory devices or warnings at railroad
crossings, but the number and locations of these signs shall be reviewed
annually.
(b)
Flags of political, civic, philanthropic, educational or religious
organizations.
(c)
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.
(d)
Memorial plaques, cornerstones, historical tablets and the like.
(e)
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.
G.
Nonconforming Signs.
(1)
The Zoning Officer of the Town of Bloomsburg shall record, by
photograph and maintain such record of all preexisting, nonconforming
signs in the Town.
(2)
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:
(3)
Subject to the regulations set forth above, preexisting, nonconforming
signs shall be permitted to remain on the property.
H.
Permits.
(1)
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.
(2)
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.
(3)
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.
(4)
The application for a sign permit shall be accompanied by the
following plans and other information:
(a)
The name, address and telephone number of the owner or persons
entitled to possession of the sign and of the sign contractor or erector.
(b)
The location, by street, of the proposed sign structure.
(c)
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.
I.
Maintenance and Removal.
(1)
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.
(2)
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.
J.
Administration and Enforcement.
[Ord. 613, 5/28/1975; as amended by Ord. 687, 10/6/1986,
§ 806; as added by Ord. 757, 3/1/1993, § 3]
1.
Emergency Vehicle Facilities.
2.
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.
3.
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:
4.
Lighting Standards.
A.
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.
B.
Applicability. The following lighting standards shall apply to all
commercial, industrial, institutional, public/semipublic and multifamily
residential development.
C.
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.
D.
Parking Area and Private Street Lighting.
(1)
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.
(2)
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.
(3)
Luminaries located within residential parking areas shall be
positioned so as to minimize interference with bedroom windows.
(4)
All parking lot lighting shall be integrated with site landscaping.
E.
Overhead Lighting.
(1)
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.
(2)
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.
F.
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.