The use of land and structures shall be limited only to the
primary and accessory uses permitted in each zoning district, unless
specifically permitted, exempted or otherwise modified by this or
other articles of this chapter. All other uses not expressly permitted
are prohibited. In addition to the regulations stipulated for each
use elsewhere in this chapter, the following use regulations shall
apply.
In cases where a use regulation occurs within the boundaries
of the Historical Architectural Review Board District and involves
construction or alteration of buildings, the use activity may be subject
to the guidelines, standards and approval processes of the Bellefonte
Historic District Ordinance/Historical Architectural Review Board.
In the residential districts, no more than one primary use shall
be permitted in any single structure, nor more than one primary use
in each of several structures on each lot of record, provided that
each structure shall meet all other regulations of this chapter.
All accessory uses, except where otherwise permitted by this
chapter, shall comply with the lot setback, yard setback, and maximum
height requirements for the primary use to which it is accessory.
All accessory structures, except where otherwise permitted by
this chapter, shall comply with the lot setback, yard setback, and
maximum height requirements for the primary structure to which it
is accessory. Accessory structures may include, but are not limited
to, the following. (See the R-2 Town Residential District standards
for additional information pertaining specifically to that zoning
district.)
A.
Small accessory structures. Small buildings of not more than 225
square feet in ground-floor area and not more than 10 feet in height
are permitted in the side and rear yard setback areas, provided they
are not placed closer than five feet from any lot line. Two abutting
property owners may erect a common accessory structure across or abutting
upon a common lot line in the rear yard setback area, provided that
such property owners supply the Zoning Officer with a copy of a written
agreement for erection and use of the structure, which agreement has
been recorded in the office of the Recorder of Deeds.
B.
Private garages. Private detached garages may be erected in rear
yards, provided that:
(1)
If a corner lot, the setback from the street side shall conform to
front yard setback requirements.
(2)
All other setbacks shall be five feet from the property lines unless
access is from an alley, in which case the setback shall be 20 feet,
except in the case of existing garages, which may be extended along
existing setback lines, or unless 40% or more of the properties fronting
on said alley along a block face has been improved with buildings
erected, altered or enlarged within the twenty-foot setback, in which
case the garage may be erected, enlarged or altered up to the average
setback distance of the 40% or more of existing lots.
(3)
No private detached garage shall exceed 15 feet in height.
C.
Attached garages and carports. Attached garages and carports shall
be considered as a part of the main building and shall conform to
all regulations.
Industrial uses may include a retail factory outlet for the
sale of those products produced on the premises, provided that the
floor area of such outlet does not exceed 25% of the total floor area
of the primary structure or, if there is more than one use in the
primary structure, 25% of the particular use, whichever is less. Wholesale
distribution use may include retail sales to the general public as
an accessory use, provided that total accessory uses do not exceed
25% of the total floor area of the use. Any such retail outlet use
must comply with the parking requirements.
Swimming pools are permitted as accessory structures in any
district, provided that outdoor pools capable of containing water
18 inches or more in depth shall meet the follow requirements:
A.
Setbacks. Swimming pools may not be located in any front yard or
any side yard setback area but may be located in the rear yard setback
area, provided that no part of the pool (measured from the water edge),
excluding paved area, accessory structures and fencing, shall be located
within 20 feet of the rear property line, nor closer to a side property
line than a distance equivalent to the side yard setback for an accessory
structure within the applicable district.
B.
Fencing. All outdoor swimming pools below ground level shall be completely
surrounded by a fence or wall not less than four feet in height, which
shall be constructed so as to exclude openings, holes, or gaps larger
than four inches in either height or width. If the wall of the pool
is above ground, the required fence or wall may be securely affixed
to the top of the pool wall so that the total height of the wall of
the pool and the fence or wall shall be not less than four feet.
C.
Gates and doors. All gates or doors opening through such required
fence or wall shall be equipped with a self-latching device capable
of being locked for keeping the gate or door securely closed at all
times when not in use.
D.
Lighting. Lights used to illuminate any swimming pool shall be so
arranged and shaded as to reflect light away from adjoining premises
so as not to become a nuisance or annoyance to other property owners.
In addition to the district regulations specified, all automobile
service stations shall meet the following regulations:
A.
Enclosure. The dismantling of motor vehicles shall be performed only
within a completely enclosed building, and all dismantled motor vehicles
and parts thereof shall be stored within such building.
B.
Fuel pumps. Fuel pumps may be located within the front yard setback
area, provided such are at least 30 feet from any lot line.
C.
Access. The proposed structure shall not have an entrance or exit
closer than 200 feet to a public school, public library, church, theater
or any other public gathering place, hospital, playground or fire
station.
D.
Rights-of-way. No public garage or gasoline service station shall
be constructed, altered or enlarged except with provision for rendering
all services on the premises and not on the public streets.
Religious institutions shall be located only on lots with direct
motor vehicle access onto collector or arterial streets in the districts
where they are permitted uses.
In addition to the district regulations specified, the following
regulations shall apply to all townhouses:
A.
Setbacks. When two or more attached dwelling units are proposed to
be placed upon a lot in single ownership, or on two or more abutting
lots under joint ownership, the front, side, and rear yard setback
areas stipulated in the district regulations are required only from
the lot lines that abut the property of another. Within the lot, however,
the minimum horizontal distance between facing walls of any two buildings
shall be 40 feet.
C.
Living area. Each dwelling unit shall consist of a minimum of 1,000
square feet of habitable living area.
D.
Access. Each dwelling unit shall extend from ground to roof, with
a minimum of two independent outside entrances, at least one of which
is located on an opposite or abutting unit elevation.
[Amended 9-8-2009 by Ord. No. 09082009-01]
E.
Design. R-1 District only: The vertical plane of each dwelling unit
shall vary at least four feet, at both the front and back, from each
adjacent unit.
[Amended 9-8-2009 by Ord. No. 09082009-01]
F.
Roofline. R-1 District only: Units shall be distinct at the roofline
either by variations in heights by at least 16 inches or by extension
of common fire walls at least four feet above the mean roofline of
each unit.
[Amended 9-8-2009 by Ord. No. 09082009-01]
G.
Architecture. The Zoning Officer shall inform the landowner that
the desire of the Borough is that each dwelling unit be architecturally
distinct, yet all be similar in overall style.
H.
Screening. Before a building permit will be issued, the landowner
shall submit to the Zoning Officer a landscape design that will include
trees and vegetation designed to screen and to make the premises attractive
to residents and neighbors.
In addition to the district regulations specified, the following
regulations shall apply to all apartment houses:
A.
All apartment houses shall meet the requirements of the Bellefonte
Borough International Property Maintenance Code.
Public and private nurseries, kindergartens, elementary, secondary
and postsecondary schools. Such schools shall locate in the districts
where they are permitted uses only when adjacent to the following
street classifications:
This chapter is intended to apply to all conceivable uses and
structures. Under no circumstances, however, shall the following uses
be permitted in any district in the Borough:
A.
Any dumping, depositing or filling with refuse, garbage or building
debris not in accordance with state or Borough regulations or this
chapter.
B.
The removal of topsoil and sod, except as part of the construction,
grading or alteration of an approved building, street, construction
site or other structure; the normal preparation and maintenance of
lawns; mining and quarrying; or the removal of sod as part of a recognized
farm or garden use.
C.
The raising and keeping of horses, cattle, sheep, hogs, or other typical farm animals, even as household pets, in a residential district, unless as part of a permitted farm use meeting the requirements of the district in which it is located. The keeping of backyard chickens, as well as beekeeping is permitted in accordance with Chapter 193, Animals, § 193-1, Keeping of farm animals, and Article II, Chickens.
[Amended 6-4-2018 by Ord. No. 060418-01]
Where a lot abuts a street (including private streets) with
right-of-way of less than 50 feet in width, the front yard setback
shall be measured from a line parallel to and 25 feet from the center
line of the street cartway.
Fences, hedges and freestanding walls are permitted in any yard
setback area unless otherwise restricted or prohibited by other provisions
of this or other ordinances.
A.
All fences in any front yard setback area or in any side yard setback
area facing a street shall not exceed a height of four feet. Fences
in other side yard setback areas and back yard setback areas shall
not be taller than six feet two inches high, measured from grade.
Measurements shall be made at each end of the fence and in the center
of the fence, which measurements, when averaged, shall not exceed
maximum allowable heights. Measurements shall be made perpendicularly
to the ground, which shall not be mounded solely to increase the elevation
of the fence. For the purposes of this chapter, the end of the fence
shall mean that point of the fence that deviates at an angle from
the section of fence being measured. Circular fences shall be measured
at three equidistant points on the circumference.
B.
On corner lots in residential zones, hedges, fences or other obstructions
to view are prohibited within a triangle extending 25 feet along the
street lines from a vertex at the intersection of the street lines.
Such hedges, fences and other obstructions to view may be permitted,
provided that, between the heights of three feet and eight feet above
the street level, there shall be a clear view across the triangle.
[Amended 6-15-2015 by Ord. No. 06152015-02]
C.
Spite fences are specifically prohibited.
Balconies, bay windows, chimneys and flues, cornices and eaves,
fire escapes, gutters and downspouts, sills, and unenclosed porches
may project into the specified yard setback areas of a lot but not
more than three feet.
On a corner lot, the side yard abutting the street shall have
a setback area equal to the depth of the front yard setback area required
for the use, and shall be governed by all front yard setback requirements
of this chapter. The owner shall choose what shall be rear and side
yards.
On a through lot, the rear yard setback width shall be either
the rear or front yard setback width designated for the use, whichever
is greater.
Maintaining established front building lines, with the exception
of the R-2 Town Residential Zone–Infill Development Standard.
In any residential zone where 40% or more of the property upon one
side of a street between two street intersections has been improved
with buildings at the time of the passage of this chapter, all buildings
or structures hereafter erected, altered or enlarged on such frontage
shall be so constructed that the front building shall not be nearer
to the street right-of-way than the average distance of front building
lines established on said 40% or more of existing lots. When the said
side of the street has not been improved or built upon to the extent
of 40% at the time of the passage of this chapter, no building or
structure shall be built or placed in such zone having the front line
nearer to the street right-of-way line than the minimum in such residential
zone set by this chapter. Corner lots shall conform to front building
lines of all adjoining streets.
No structure shall exceed the height limitations specified in
this chapter, except as allowed below.
A.
Exceptions. The maximum height requirements shall not apply to belfries,
bulkheads, cupolas or domes not used for human occupancy, nor to chimneys,
skylights, church spires, flagpoles, masts, aerials and antennas,
monuments, utility poles and ventilators, and ornamental or necessary
mechanical appurtenances, provided they are erected only to such height
as is necessary to accomplish the purpose they are to serve, provided
they are not intended for human occupancy as dwellings, and provided
that all such structures and appurtenances to structures shall be
erected in conformity with the laws, ordinances and regulations relating
to same.
Mobile homes and trailers are prohibited in all districts except
within an approved mobile home park.
[Added 2-2-2009 by Ord. No. 02022009-01]
Without limiting the generality of the foregoing provisions,
the following use is specifically prohibited in all zoning districts:
A.
The installation, erection or use of a wind energy system, wind turbines,
and/or associated towers for wind energy conversion.
[Added 4-16-2018 by Ord.
No. 041618-01]
Arenas, stadiums and commercial auditoriums shall comply with
the lot setback, yard setback, and maximum height requirements for
the zoning district, except where otherwise permitted, as follows.
A.
Accessory
structures to sports fields and athletic facilities. Accessory structures
customary to sports fields and athletic facilities, such as, but not
limited to, scoreboard structures, field house, restroom, concessions,
and/or storage buildings used to support sports fields and athletic
facilities for public or private schools shall be permitted in the
front and rear yard setback areas, provided they are not placed closer
than 20 feet from any lot line. Such structures shall be accessory
to and solely used as support facilities for sports fields and athletic
facilities and shall be located in close proximity and on the same
property as the sports fields and athletic facilities to which they
are accessory. Said accessory structures shall not exceed 25 feet
in height.
B.
Maximum
height for lighting fixtures. Maximum height for lighting fixtures
customary to sports fields and athletic facilities shall not exceed
90 feet in height.
