[Added 12-18-1995 by Ord. No. 1113]
In P Public/Civic Districts, the following regulations shall
apply.
Except as provided by law or in this article, no building, structure or land shall be used or occupied in P Public/Civic Districts except for the purposes permitted in § 310-107.
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Legend:
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P
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Permitted Use
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C
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Conditional Use
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X
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Prohibited Use
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Use
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In P District
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Residential
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Single-family detached
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X
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Duplexes
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X
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Townhomes
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X
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Low-rise apartments
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X
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High-rise apartments
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X
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Mobile homes
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X
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Conversions
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X
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Dwelling in combination
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X
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Boardinghouse
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X
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Institutional and Recreational
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Place of worship
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C
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School
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P
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Commercial school/college
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P
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Library
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P
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Community center
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P
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Day care
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C
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Group home
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X
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Group home for sheltered care
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X
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Nursing home
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C
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Hospital
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C
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Cemetery
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C
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Recreational, public
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P
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Recreational, private
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C
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Private club
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C
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Emergency service and governmental facility
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P
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Public parking lot/garage
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C
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Public utility building/storage yard
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C
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Office Use
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Medical office
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X
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Business/professional office
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X
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Retail and Consumer Services
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Retail store
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X
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Service business
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X
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Financial establishment
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X
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Convenience store
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X
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Restaurant
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C
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Drive-through restaurant
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X
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Repair shop
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X
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Upholsterer
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X
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Funeral home
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X
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Motel/hotel
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C
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Entertainment
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C
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Tavern
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X
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Lumberyard
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X
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Gasoline/service station
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X
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Automobile sales
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X
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Boat sales
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X
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Vehicle repair and accessories
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X
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Truck sales
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X
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Shopping sales
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X
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Industrial
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Light manufacturing
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X
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Industrial
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X
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Research and development
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X
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Wholesale
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X
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Printing
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X
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Contracting
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X
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Truck terminal
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X
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Crafts
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X
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Industrial park
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X
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Accessory Use
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Home occupation
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X
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Residential accessory use and structures
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X
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Swimming pools
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X
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Commercial accessory building
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X
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Commercial outdoor storage and display
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X
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Temporary structures
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X
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Uses permitted by right or conditional uses shall be subject,
in addition to use regulations, to such regulations of yard, lot size,
lot width, building area, easements, provisions for off-street parking
and loading, and to such other provisions as are specified in other
sections hereof.
A.
No partial structure or temporary structure shall be erected or moved
onto a lot and used for any dwelling purposes unless authorized by
the issuance of a temporary zoning permit. Such permit shall clearly
set forth that the structure proposed is intended for temporary dwelling
purposes and that the authorized structure is to be vacated upon the
expiration of a specified time limit, not to exceed one year. On receipt
of the zoning permit, the applicant shall certify that such person
has knowledge of the terms of the permit and the penalty that can
be invoked for violation.
B.
Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits according to § 310-112F(6).
Uses similar to those set forth in § 310-112 shall be permitted when authorized by the Borough Council, following review and recommendation by the Planning Commission.
B.
Institutional and recreational uses. The following uses are permitted where indicated in § 310-107, subject to district requirements and other applicable requirements of any other Borough ordinance.
(1)
(2)
School. Private school or public school which is not conducted
as a private gainful business.
(a)
The school use must meet the following additional requirements:
[1]
Provide safe and adequate traffic flow.
[2]
Prohibit glare due to site lighting.
[3]
Provide buffer yards at outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance, in conformance with the provisions of § 310-117.
[4]
Provide fencing to control pedestrian ingress and egress.
[5]
In all districts, access to a collector road or major road is
required.
(b)
Parking.
[1]
Elementary school. One off-street parking space for each faculty
member and employee plus one space per two classrooms and offices.
[2]
Junior high school. One off-street parking space for each faculty
member and employee plus one space per two classrooms and offices.
[3]
Senior high school. One off-street parking space per faculty
member and employee plus one space for each 10 classroom seats, or
one off-street parking space for each 10 auditorium seats, whichever
requires the greater number of off-street parking spaces.
(3)
Commercial school/trade or professional school/music or dancing
school/college.
(a)
The commercial school use must meet the following additional
requirements:
[1]
Provide safe and adequate traffic flow.
[2]
Prohibit glare due to site lighting.
[3]
Provide buffer yards at outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance, in conformance with the provisions of § 310-117.
[4]
Provide fencing to control pedestrian ingress and egress.
[5]
In all districts, access to a collector road or major road is
required.
(b)
Parking: one off-street parking space per faculty member and
employee, plus one space per three nonresident students, plus one
space per five resident students, if residents are permitted to have
cars.
(4)
Library. Library or museum, open to the public or connected
with a permitted educational use, and not conducted as a private gainful
business.
(5)
Community center. Community center, adult education center or
other similar facility operated by an educational, philanthropic or
religious institution.
(a)
The community center use must meet the following requirements:
[1]
The use shall not be conducted as a private gainful business.
[2]
Provide safe and adequate traffic flow.
[3]
Prohibit glare due to site lighting.
[4]
Provide buffer yard at outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance, in conformance with the provisions of § 310-117.
[5]
Provide fencing to control pedestrian ingress and egress.
[6]
In all instances, access to a collector road, major road or
arterial highway is required.
(b)
Parking: one off-street parking space for each four seats provided
for patron use or at least one off-street parking space for each 50
square feet of gross floor area used or intended to be used for service
to customers, patrons, clients, guests or members, whichever requires
the greater number of off-street parking spaces, plus one additional
space for each full-time employee.
(6)
Day-care facility. An establishment providing care to children
or adults.
(a)
Any such facility which requires state approval shall not be
operated until such approval is shown.
(b)
Such a facility shall be registered with the Borough.
(c)
The day-care facility use must meet the following additional
requirements:
[1]
In Residential Districts R1, MX, R2, R3 and P, the use shall
be conducted in a building designed as a single-family detached residence
or in a structure used for religious purposes.
[a]
Day care in a single-family detached residence
shall be limited to six or less persons, including persons under care
related to the operator.
[b]
Day care in a structure used for religious purposes
shall be limited to no more than one person per 50 gross feet of area
used or intended for use in the care of persons attending the care
facility.
[2]
Provide buffer yard at outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance, in conformance with the provisions of § 310-117. Play yards shall be enclosed with sufficient fencing so as to protect the neighborhood from inappropriate noise and other disturbances.
[3]
Provide sufficient facilities for passenger loading and unloading.
(d)
Parking: at least one off-street space for each teacher, administrator
and maintenance employee.
(7)
Group home. Any dwelling occupied by six or fewer persons, including
staff, whether operated for profit or not, which provides for a period
exceeding 24 hours one or more personal services for persons not related
to the owner or administrator by law, blood, marriage or adoption,
and not in foster care, who require such services.
(a)
The personal services, in addition to housing and food services,
may include but not be limited to personal assistance with bathing,
dressing, housekeeping, adult supervision, emotional security and
other related services but not including medical services.
(b)
Group homes shall not be deemed to include rooming homes or
boardinghomes, fraternities, sororities, clubs, monasteries or convents,
hotels or nursing homes.
(c)
The group home use must meet the following additional requirements:
[1]
Provide buffer yard at outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance, in conformance with the provisions of § 310-117.
[2]
If children are members of the group home, play yards shall
be enclosed with sufficient fencing so as to protect the neighborhood
from inappropriate noise and other disturbances.
(d)
Parking: 1/2 off-street parking space for each nonstaff resident;
one off-street parking space for each staff resident. A minimum of
two spaces shall be paved with site space allowance for additional
spaces as required by resident use.
(8)
Group home for shelter care. Any dwelling occupied by 12 or
fewer persons, including staff, for profit or nonprofit which provides,
for a period exceeding 24 hours, one or more personal services for
persons not related to the owner or administrator by law, blood, marriage
or adoption, and not in foster care, who require such services.
(a)
The sheltered care facility serves as a substitute for the residents'
own homes, furnishing facilities and comforts normally found in a
home but providing in addition such services, equipment and safety
features as are required for safe and adequate care of residents at
all times.
(b)
Such services may include:
(c)
The group home for sheltered care may include halfway houses,
homes for battered spouses and children, and homes designed to provide
a transition from long-term institutional care to normal activities.
(d)
Group homes shall not be deemed to include rooming homes or
boardinghomes, fraternities, sororities, clubs, monasteries or convents,
hotels or nursing homes.
(f)
Parking: 1/2 off-street parking space for each nonstaff resident;
one off-street parking space for each staff resident. A minimum of
two spaces shall be paved with site space allowance for additional
spaces as required by resident use.
(9)
Nursing home. Licensed nursing or convalescent home.
(a)
The nursing home use must meet the following requirements:
(b)
Parking: 1/2 off-street parking space for each patient bed,
plus at least one additional off-street parking space for each visiting
doctor, nurse and staff on major shifts.
(10)
Hospital. An establishment recognized by the American Hospital
Association which provides health services primarily for inpatient
or surgical care of the sick or injured, including such related facilities
as laboratories, outpatient departments, training facilities, central
service facilities, and staff offices as an integral part of the establishment.
(a)
A hospital use is subject to the following additional requirements:
(b)
Parking: 1 1/2 off-street parking spaces per inpatient
bed or one off-street parking space per 600 square feet of gross floor
area (excluding mechanical and storage space), whichever is greater.
[Amended 5-22-2012 by Ord. No. 1247]
(11)
(12)
Recreational facility or park. An area set aside for public
use with recreational facilities, playgrounds and/or structures or
left in a natural state, owned by the Borough, municipal authority
or otherwise dedicated to public use, or owned and operated by a nonprofit
association for the benefit of the public or the residents of the
Borough.
(a)
(b)
Parking. The number of off-street parking spaces shall be dependent
upon the specific uses of the facility, including but not limited
to:
[1]
One off-street space per every four seats in an
assembly room.
[2]
One off-street space per every 300 square feet
of gross floor area of a social or community room.
[3]
One and one-half spaces per playing court.
[4]
One space per 100 square feet of gross floor area
in eating areas of the facility.
[5]
Five spaces per lane for bowling alleys.
[6]
One space per every two employees on largest shift.
[7]
Applicant shall be responsible for demonstrating
to the Zoning Officer adequate spaces for other facility uses.
(13)
Private recreational facility. An area set aside for private
use, with recreational facilities, playgrounds and/or structures,
or left in a natural state, owned and operated by a private person
or entity or for-profit association.
(a)
A private recreational facility use must meet the following
requirements:
[1]
Minimum lot area of one acre.
[2]
Provide safe and adequate traffic flow.
[3]
If adjacent to a residential district or use, provide buffer yards to protect the neighborhood from inappropriate noise and other disturbance, in conformance with the provisions of § 310-117.
[4]
Provide fencing to control pedestrian ingress and
egress.
[5]
Lights used to illuminate a private recreational
facility shall be so arranged and shaded as to reflect light away
from adjoining premises and public streets.
[6]
The facility shall be closed for operation from
11:00 p.m. to 7:00 a.m.
(b)
Parking. The number of off-street parking spaces shall be required
dependent upon the specific uses of the facility, including but not
limited to:
[1]
One off-street space per every four seats in an
assembly room.
[2]
One off-street space per every 300 square feet
of gross floor area of a social or community room.
[3]
One and one-half spaces per playing court.
[4]
One space per 100 square feet of gross floor area
in eating areas of the facility.
[5]
Five spaces per lane for bowling alleys.
[6]
One space per every two employees on largest shift.
[7]
Applicant shall be responsible for demonstrating
to the Zoning Officer adequate spaces for other facility uses.
(14)
Private club. Private club or lodge other than use in Subsection B(13).
(a)
A private club use must meet the following additional requirements:
[1]
Shall be for members and their authorized guests
only.
[2]
Provide safe and adequate traffic flow.
[3]
If adjacent to residential district or use, provide buffer yards to protect the neighborhood from inappropriate noise and other disturbance, in conformance with the provisions of § 310-117.
[4]
Provide fencing to control pedestrian ingress and
egress.
(b)
Parking: one off-street parking space for every five members
of total membership or at least one off-street parking space for each
50 square feet of gross floor area used or intended to be used for
service to customers, patrons, clients, guests or members, whichever
requires the greater number of off-street parking spaces, plus one
additional space for each full-time employee.
(15)
Emergency services and governmental facility. Fire, ambulance,
rescue and other emergency services and government buildings of a
municipal, county, state or federal nature or volunteer nature, on
parcels with a minimum size of one acre.
(16)
Public parking lot or garage.
(a)
A lot of record upon which the parking or storing of automotive
vehicles is the primary use.
(b)
Public parking lot or garage use must meet the following requirements:
(17)
Public utility building and storage yard. Transformer station,
pumping station, relay station, towers (transmission or relay), substations,
switching center, sewage treatment plant and any similar or related
installations, not including public fills.
(a)
In residential districts, such uses shall be permitted as conditional
uses only when all of the following conditions are met:
[1]
Installation is essential to service such residential
areas, as deemed by the Public Utility Commission pursuant to § 619
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10619.
[2]
No public business office or any storage yard or
storage building is operated in connection with it.
[3]
A twenty-five-foot buffer yard shall be provided along all lot lines, planted and maintained in conformance with the provisions of § 310-117.
[4]
Towers are prohibited in R1, R2, R3 and MX Districts.
(b)
Parking: two off-street parking spaces plus one off-street parking
space for each employee normally in attendance at the facility at
any time.
D.
Retail and consumer service uses. The following retail and consumer service uses are permitted where indicated in § 310-107, subject to the district requirements and any applicable requirements of any other Borough ordinance.
(1)
Repair shops and stores.
(a)
Retail shops and stores selling apparel, books, confections,
drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware,
toys, household appliances, jewelry, notions, periodicals, shoes,
stationery, tobacco, paint, records, cards, novelties, hobby and art
supplies, music, luggage, sporting goods, pets, floor covering, garden
supplies and fabrics, provided all products produced on the premises
are sold on the premises at retail. Also included within this use
shall be the sale of soft drinks, beer and alcoholic beverages in
sealed containers not for consumption on premises.
(b)
Parking: one off-street parking space for each 200 square feet
of gross area used for servicing customers, plus one additional space
for each full-time employee.
(2)
Service business.
(a)
Service business include barber, beautician, laundry and dry
cleaning, shoe repair, tailor, photographer and travel agency.
(b)
Parking: one off-street parking space for each 200 square feet
of gross area used or intended to be used for servicing customers,
plus one additional space for every one full-time employee. For barbershops
and beauty shops, there shall be one off-street parking space per
barber or beautician chair, plus one per waiting chair.
(3)
Financial establishment.
(a)
Financial establishment includes bank, savings and loan association,
credit union and other financial establishment.
(b)
Parking: one off-street parking space for each 300 square feet
of gross area used or intended to be used for servicing customers,
plus one additional space for each full-time employee.
(4)
Convenience store. A retail store selling foodstuffs and household
supplies for the convenience of the neighboring population.
(5)
Restaurant. Eating place for the sale and consumption of food
and beverages without drive-in and without take-out service. All food
and beverages are to be consumed inside the building while patrons
are seated at counters or tables.
(a)
The restaurant use must meet the following requirements:
[Amended 5-22-2012 by Ord. No. 1247]
[1]
The sale of alcoholic beverages must be secondary to the sale
and consumption of food.
(b)
Parking: one off-street parking space for each 50 square feet
of floor area devoted to the dining area, plus one additional off-street
parking space for each full-time employee.
(6)
Drive-through restaurant. Eating place for the sale and consumption
of food and nonalcoholic beverages with drive-in service.
(a)
The drive-through restaurant use must meet the following requirements:
[1]
Lane length for customers awaiting service shall be sufficient
to not encumber traffic flow off site.
(b)
Parking: one off-street parking space for every two seats or
one off-street parking space for every 100 square feet of gross floor
area, whichever requires the greater number of off-street parking
spaces, plus one additional space for each employee on the largest
shift.
(7)
Repair shop. Repair shop for appliances, small engines, outboard
motors, go-carts, motorcycles, mopeds, bicycles, guns, locks, and
small business machines. Motorcycle and moped inspection shall be
allowed.
(8)
Upholsterer or cabinetmaker.
(9)
Funeral home or mortuary.
(b)
Parking: one off-street parking space for each four seats provided
for patron use or at least one off-street parking space for each 50
square feet of gross area used or intended to be used in the operation
of the establishment, whichever requires the greater number of off-street
parking spaces, plus one additional space for each full-time employee.
(10)
Motel/hotel. Motel, hotel or a building or group of buildings
for the accommodation of transient guests, chiefly motorists, containing
guest rooms for rent.
(11)
Entertainment facility. Entertainment and recreation facilities
operated for the entertainment, enjoyment or health of the people,
such as motion-picture theaters and similar activities, primarily
operated as revenue-producing enterprises.
(a)
The entertainment facility use must meet the following requirements:
(b)
Parking: one off-street parking space for each four seats provided
for patron use or at least one off-street parking space for each 50
square feet of gross floor area used or intended to be used for service
to customers, patrons, clients, guests or members, whichever requires
the greater number of off-street parking spaces, plus one additional
space for each full-time employee.
(12)
Tavern.
(a)
An establishment which serves alcoholic beverages for on-premises
consumption and which is licensed by the Pennsylvania Liquor Control
Board.
(b)
Parking: one off-street parking space for each 50 square feet
of total floor area, plus one additional off-street parking space
for each full-time employee.
(13)
Lumberyard, including planing mill.
(a)
Parking.
[1]
One off-street parking space for each employee
on the two major shifts at maximum employment, but in no case less
than one off-street parking space for every 1,000 square feet of gross
floor area, including storage sheds.
[2]
For lumberyards which include retail sales, one
off-street parking space for each 200 square feet of gross area used
or intended to be used for servicing customers, plus one additional
off-street parking space for each full-time employee.
(14)
(15)
Service station. Gasoline service station.
(a)
The gasoline station use must meet the following requirements:
[1]
All activities except those to be performed at
the fuel pumps shall be performed within a completely enclosed building.
[2]
Fuel pumps shall be at least 25 feet from any street
right-of-way.
[3]
All automobile parts and similar articles shall
be stored within a building.
[4]
Lubrication, oil changes, tire changes and repairs
are permitted if entirely within a building.
(b)
Parking.
[1]
One off-street parking space for every 300 square
feet of gross floor area, or two off-street parking spaces for each
service bay, whichever is larger, plus one space for each full-time
employee.
[2]
Off-street parking spaces are not to be a part
of nor interfere with the accessways to the pumps.
(16)
(17)
(18)
Vehicular repair inspection and accessories. Vehicular repair
garage, including spraying and body and fender work or car-washing
facility.
(19)
(20)
Shopping center. A neighborhood or community shopping center
which is preplanned and designed as a complex of related structures
and circulation patterns.
(a)
The shopping center use must meet the following additional requirements:
[1]
Shopping centers shall have a minimum site area
of five acres.
[2]
Not more than 20% of the total lot area shall be
occupied by buildings.
[3]
Only the following uses shall be permitted, as identified more particularly under § 310-107 and Subsections C(1), (2), D(1) through (7) and (10), (11) and (20) of this section.
[4]
Any use of the same general character as any of
the above permitted uses shall be permitted upon approval by the Borough
Council.
[5]
The proposed development shall be constructed in
accordance with an overall plan and shall be designed as a single
architectural unit with appropriate landscaping.
[7]
The distance, at the closest point, between any
two buildings or groups of units of attached buildings shall not be
less than 20 feet.
[8]
The proposed development shall be served by adequate
water and public sewage disposal facilities, the adequacy of which
shall be demonstrated and guaranteed.
[9]
Lighting facilities shall be provided and arranged
in a manner which will protect the highway and neighboring properties
from any direct glare or hazardous interference of any kind.
[10]
Vehicular access to a shopping center shall not
be permitted through a residential area and must occur from a collector
road, arterial street or arterial highway in areas where shopping
centers are a permitted use.
(b)
Parking: one off-street parking space for each 200 square feet
of gross floor area.
F.
Accessory uses. The following accessory uses are permitted where indicated in § 310-107, subject to the district requirements and any other applicable requirements of any other Borough ordinance.
(1)
Home occupation. An activity for gain customarily carried on
in a dwelling or in a building or structure accessory to a dwelling
clearly incidental and secondary to the use of the dwelling.
(a)
Home occupation includes, but shall not be limited to, the following
uses:
[1]
Teaching for not more than four pupils simultaneously, or in
the case of musical instruction, not more than two pupils at a time.
[2]
Art studio.
[3]
Seamstress, handicrafts or other like activity.
[4]
Barbershop and beauty parlor, limited to serving four patrons
at a time.
[Amended 5-22-2012 by Ord. No. 1247]
[5]
Greenhouse.
[6]
Office of realtor, insurance salesman, physician, lawyer, clergyman,
teacher or other like profession.
(b)
A home occupation use must meet the following requirements:
[1]
The home occupation shall be carried on wholly indoors and within
a dwelling or other structure accessory thereto. If carried on as
an accessory structure, the minimum lot area shall be two acres.
[2]
There shall be no use of show window or display or advertising
visible outside the premises to attract customers or clients, other
than a home occupation announcement sign.
[3]
There shall be no exterior storage of materials.
[4]
No articles shall be sold or offered on premises for sale except
such as may be produced on the premises.
[5]
Frequent and repetitive servicing by commercial vehicles for
supplies and material shall not be permitted.
[6]
The floor area devoted to a home occupation shall not be more
than 25% of the ground floor area of the principal residential structure,
excluding garage.
[7]
In the case of an accessory office, not more than two employees,
assistants or associates, in addition to the resident practitioner,
shall be employed on the premises.
[8]
No external alterations shall be made which involve construction
features not customary to the dwelling.
(c)
Parking: two off-street parking spaces in addition to spaces
otherwise required, plus on space for each employee, assistant or
associate.
(2)
Residential accessory building uses and structures. Residential
accessory structure or use, including but not limited to:
(a)
Parking spaces for the parking of passenger automobiles and
parking of commercial vehicles not exceeding three-fourths-ton loading
capacity within a completely enclosed building.
(b)
Structures such as fences and walls. Fences and walls shall
not exceed four feet in height above grade, unless necessary for retaining
earth, in any yard setback areas, buffer yards or landscape setback
areas.
(c)
Facilities for domestic servants or caretakers employed on the
premises and for occasional gratuitous guests.
(d)
Recreational facilities such as tennis courts and paddle tennis
platforms, provided that lighting for such facilities shall be such
that glare is prohibited off site.
(e)
Satellite receiving dishes in rear yard only.
(f)
Accessory structures are not permitted in required front yards,
nor on or attached to roofs.
(g)
All such facilities will be situated within the required setback
areas.
(3)
Swimming pools.
(a)
Private swimming pools shall be any pool, pond, lake, open tank
or other container designed, installed or capable of containing water
to a depth of 1 1/2 feet or more.
(b)
No such swimming pool shall be allowed in any district except
as an accessory use.
(c)
Swimming pool use must meet the following additional requirements:
[1]
The pool is intended and is to be used solely for the health
and enjoyment of the occupants of the principal use of the property
in which it is located and their friends and guests.
[2]
The pool shall not be operated nor used for a revenue-producing
enterprise.
[3]
The pool, including walks, paved areas, fences, bathhouse, pumphouse
and similar structure, shall not be located closer to any other lot
line than those distances specified as minimum rear and side yard
requirements listed for each respective district.
[4]
No such swimming pool shall be constructed until a building
and zoning permit for the same have been applied and issued, the application
for which shall be accompanied by plans, in duplicate, setting forth
the following information and complying with the following requirements:
[a]
Plot plan.
[b]
Pool dimension, depth and volume in gallons.
[c]
Type and size of filter system, filtration and
backwash capacities.
[d]
Pool piping layout with all pipe sizes shown and
type of material.
[e]
The pool capacity.
[f]
Waste disposal system.
[g]
A substantial fence or wall completely surrounding
the pool, not less than four feet in height, which shall be so constructed
as not to have openings, holes or gaps large than two inches in any
dimension except for doors and gates. If such fence is a picket fence,
then the horizontal opening dimension shall not exceed two inches.
All gates or doors opening through such enclosure shall be equipped
with a self-closing and self-latching device designed to keep and
capable of keeping such door or gate securely closed at all times
when not in actual use. In addition, such door or gate shall be equipped
with a key or combination lock capable of preventing such door or
gate from opening when such lock is fastened. The entrance gate shall
be securely locked when pool is unattended.
[h]
Lights used to illuminate any such pool or the
deck thereof shall be so arranged and shaded as to reflect light away
from adjoining premises and public streets.
(4)
Commercial accessory building.
(5)
Commercial outside storage or display. Includes outside storage
or display, other than storage as a primary use of the land, necessary
but incidental to the normal operation of a primary use.
(a)
The commercial outside storage or display use must meet the
following requirements:
[1]
No part of the street right-of-way, no sidewalks or other areas
intended or designed for pedestrian use, and no required parking areas
shall be occupied by outside storage or display.
[2]
Outside storage and display areas shall occupy an area of less
than 1/2 of the existing building coverage.
[3]
Outside storage and display areas shall be buffered from view
from the public streets and adjacent lots.
(b)
Uses requiring more substantial amounts of land area for storage
or display may be exempt from the provisions of the subsections above
when granted as conditional uses.
(c)
Such conditional use must meet the following additional requirements.
[1]
In particular, uses appropriate for consideration under this
provision include, but are not limited to, nurseries, lumberyards,
automotive sales, truck sales, and truck terminals.
[2]
Among the uses that shall not be considered appropriate for
inclusion under this provision are retail stores, repair shops, gasoline
service stations, vehicle and inspection repairs, wholesale business
and storage, contractor offices and shops and crafts.
(d)
Parking: none.
(6)
Temporary structures. A temporary structure or use.
(a)
A temporary permit may be issued for nonconforming structures
or uses necessary during construction or other special circumstances
of a nonrecurring nature.
(b)
The temporary structure use must meet the following additional
requirements:
[1]
The time period of the initial permit shall be six months.
[2]
The permit may be renewed up to two times for up to two months
each time.
[3]
Temporary nonconforming structures or uses shall be subject
to authorization by the Zoning Officer.
[4]
Such structure or use shall be removed completely upon expiration
of the permit without cost to the Borough.
(c)
Parking: none.
A lot area of not less than 6,000 square feet shall be provided
for every building hereafter erected.
The building area shall not exceed 70% of the lot area.
The building height shall not exceed 3 1/2 stories and
40 feet.
There shall be front, side and rear yards as follows.
A.
Front yards.
(1)
There shall be a front yard, the depth of which shall be at
least 35 feet. In the case of a corner lot, the front yard shall be
at least 35 feet on each roadway. The minimum depth shall be provided
between the existing or proposed street line(s) and the nearest point
of any building or structure, except as may be permitted hereafter.
(2)
The provisions of Subsection A(1) shall not apply to front fences, hedges or walls less than four feet above the natural grade in the required front yard, nor to terraces or steps.
(3)
Accessory buildings and structures shall not be permitted within
the required front yards.
B.
Side yards.
(1)
There shall be two side yards, one on each side of the main
building; the depth of each shall be at least 15 feet.
(2)
The provisions of Subsection B(1) shall not apply to side fences, hedges or walls less than four feet above the natural grade in the required side yard, nor to terraces or steps.
(3)
Accessory buildings and structures shall not be permitted within
the required side yards.
C.
Rear yard.
(1)
There shall be a rear yard, the depth of which shall be at least
30 feet. The minimum depth shall be provided between the existing
or proposed street line(s) and the nearest point of any building or
structure, except as may be permitted hereafter.
(2)
The provisions of Subsection C(1) shall not apply to rear fences, hedges or walls less than four feet above the natural grade in the required rear yard, nor to terraces or steps.
(3)
Accessory buildings and structures shall not be permitted within
the required rear yards.
The following buffer yard performance standards shall apply
to all development in a P Public/Civic District:
A.
Buffer yard requirements. Buffer yards are required for development in a P Public/Civic District as conditions set forth in § 310-112.
B.
Buffer yard definition. The buffer yard, measured from the district
boundary line or from the near street right-of-way where the street
serves as a district boundary line, shall be a minimum of 15 feet.
No structures or uses, including, but not limited to, buildings, accessory
structures, parking spaces, access drives and lighting devices, may
be located in a buffer yard. The buffer yard may be within the required
front, side or rear yards.
C.
Buffer yard planting. The buffer yard shall contain a least one row
of planting which shall be comprised of flowering trees (30%) and
evergreen trees (70%). These trees shall be spaced 10 feet apart measured
from the center of the tree. In addition to the above noted trees,
a row of low evergreen shrubs or hedges shall be planted or earthen
mounding shall be constructed in the buffer yard, which shall provide
a year-round visual screen capable of acting as a barrier to light
beams from headlights of passenger cars. These low shrubs, hedges
or mounds shall be of such a height that a person facing a passenger
car with the plantings or mound between such person and the car could
observe the car's low beam lights only as a result of the diffused
or reflected light from the headlights.
D.
Existing trees in the buffer yard. Any existing trees, foliage, grass
or other natural growth shall be permitted and encouraged to remain
in the buffer yard areas and, depending on the density of the vegetation,
may fulfill the need for buffer yard planting, at the discretion of
the Zoning Officer. Any existing trees within the required buffer
yard which are a minimum of four-inch caliper shall be preserved and
shall count as three required trees within the buffer yard.
E.
Buffer and conflicts. The buffer yard shall be within the required side or rear yard setbacks, and in case of conflict, the larger yard requirement shall apply. In instances where an existing structure, drive, parking or loading area is located within the required buffer yard, a buffer yard of the minimum distance from the existing structure to the lot line shall be required. This reduced buffer yard width shall apply only to the yard area upon which the existing structure encroaches. If the existing structure is located within the required buffer yard on one side of the structure, the required buffer yard determined in Subsection A shall apply on all other yard areas. All planting requirements shall remain in effect regardless of the buffer yard width.
F.
Landscape setback area requirements. Landscape setback areas, 20
feet in width, shall be required in a P District when a parcel in
that district fronts on Ohio River Boulevard. No structures or uses,
including but not limited to buildings, accessory structures, parking
spaces, access drives and lighting devices, may be located in a landscape
setback area. If a parcel in that district doe not front on Ohio River
Boulevard, but sides or backs onto it, then the buffer yard requirement
in this section applies.
[Amended 5-22-2012 by Ord. No. 1247]
G.
Landscape setback area conflict. In case of conflict between landscape
setback area requirements and front yard setback requirements, the
larger yard requirement shall apply. In instances where an existing
structure, drive, parking or loading area is located within the required
landscape setback area, a setback area of not less than the minimum
distance from the existing structure, drive, parking or loading area
to the lot line shall be required. All planting requirements shall
be adhered to regardless of the landscape setback area conflicts.
H.
Plant material size. All ornamental trees required to be planted
within the buffer yard and landscape setback areas shall be a minimum
of two-inch caliper, or two inches in diameter, at a point one foot
above the ground measured along the trunk of the planted tree. All
trees, ornamental or evergreen, shall be a minimum of six feet in
height at the time of planting, measured from the ground adjacent
to the planted tree to the top of the tree. Plant material shall be
planted in accordance with accepted landscaping standards.
I.
Buffer yard and landscape setback area ground cover. All buffer yard
and landscape setback areas not utilized for gardens, tree or shrub
plantings, or similar uses shall be seeded, sodded or landscaped within
two weeks after construction activities are completed, unless those
activities are completed between November 1 and April 1. In such case,
the required sodding, seeding or planting must occur by April 15.
J.
Maintenance. All buffer yards and landscape setback area shall be
maintained and kept clean of all debris, rubbish, weeds and tall grass
by the landowner. Dead plant material shall be replaced within one
year. The screen plantings shall be placed and maintained so that,
at maturity, the plant material will not overhang any street, public
walk, or property line.
K.
Intersection sight triangles at buffer yards and landscape setback
areas. A clear sight triangle shall be maintained at all street intersections.
L.
Allowable use exceptions. No elements except plant material and vehicular
and pedestrian access points shall be permitted in the buffer yard
and landscape setback areas, except when decorative screen walls and
fences have been approved by a Zoning Officer.
M.
Buffer yard and landscape setback area approval. Prior to the issuance
of any zoning permit, complete plans showing the arrangement of all
buffer yard and landscape setback areas, the placement, species and
size of all plant materials, and the placement, size and materials
of all fences to be placed in such buffer yards shall be reviewed
by the Zoning Officer to ascertain that the plans are in conformance
with the terms of this chapter.
The following parking and performance standards shall apply
to all development in a P Public/Civic District.
A.
General requirements.
(1)
Space requirements. The number of off-street parking spaces required by each use is described in § 310-112. In the case where the calculated number of required parking spaces includes a fraction of a space, an additional space should be added to the calculated number.
(2)
Existing parking. Structures and uses in existence at the date
of adoption of this chapter shall not be subject to the requirements
of this section so long as the kind or extent of use is not changed,
provided that any parking facility now serving such structures or
uses shall not in the future be reduced below such requirements.
(3)
Change in requirements. Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standard of § 310-112, the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of this section.
(4)
Conflict with other uses. No parking area shall be used for
any use that interferes with its availability for parking, except
that it may be used for a stormwater retention basin of a maximum
depth of six inches.
(5)
Continuing character of obligation. All required parking facilities
shall be provided and maintained so long as the use exists which the
facilities were designed to serve. Off-street parking facilities shall
not be reduced except upon the approval of the Zoning Hearing Board,
and then only after proof that by reason of diminution in floor area,
seating area, the number of employees, or change in other factors
controlling the regulation of the number of parking spaces, such reduction
is in conformity with the requirement of this section.
(6)
Joint use. Two or more uses may provide for required parking
in a common parking lot if the total space provided is not less than
the sum of the spaces required for each use individually. However,
the number of spaces required in a common parking facility may be
reduced below this total by variance if it can be demonstrated that
the hours or days of peak parking needed for the uses are so different
that a lower total will provide adequately for all uses served by
the parking facility.
(7)
Location of parking spaces. Required off-street parking spaces
shall be on the same lot or premises with the principal use served
or, where this requirement cannot be met, within 300 feet of the said
lot if the use is nonresidential.
(8)
Maintenance of parking areas. Driveways and parking areas of
three or more vehicles shall be graded, surfaced with all-weather
paving, and drained to the satisfaction of the Borough Engineer to
the extent necessary to prevent dust, erosion or excessive water flow
across streets or adjoining property. All off-street parking spaces
shall be marked so as to indicate their location. Failure to keep
parking areas in satisfactory condition, i.e., free from holes, shall
be considered a violation of this section.
(9)
Nonautomotive vehicular parking. Commercially licensed vehicles
and construction equipment greater than one ton shall not be permitted
to be parked on residential lots of less than one acre unless parked
in a garage, except if service is being provided.
B.
Parking design and maintenance standards. The design standards specified
below shall be required for all off-street parking facilities with
a capacity of three or more vehicles built after the effective date
of this chapter.
(1)
The minimum dimensions of stalls and aisles shall be as follows:
(a)
Stall widths shall be nine feet for all uses except parking
deck spaces, which shall be eight feet six inches in width.
(b)
Stall depth shall be at least 19 feet, with said dimension measured
on the angle for all parking except parallel parking, which shall
have a stall depth of 20 feet.
(c)
Minimum width of aisles providing access to parking stalls for
two-way travel shall be 24 feet. Minimum width of aisles providing
access to parking stalls for one-way travel shall be as follows:
|
Angle of Parking
(degrees)
|
Minimum Aisle Width
(feet)
| |
|---|---|---|
|
Parallel
|
24
| |
|
30°
|
14
| |
|
45°
|
16
| |
|
60°
|
20
| |
|
90°
|
20
|
(2)
Handicapped access considerations, including but not limited
to parking spaces, access aisles and accessible routes, shall conform
to the Americans with Disabilities Act Accessibility Guidelines, U.S.
Access Board.
(3)
Parking areas shall be designed to permit each motor vehicle
to proceed to and from the parking space provided for it without requiring
the moving of any other motor vehicles.
(5)
For purposes of servicing any property under single and separate
ownership, entrance and exit drives crossing the street shall be limited
to two along the frontage of any lot, and their center lines shall
be spaced at least 80 feet apart.
(6)
In no case shall parking areas be designed to require or encourage
cars to back into a public street in order to leave the lot.
(7)
Parking spaces and access drives shall be at least five feet
from any lot line.
(8)
All parking areas for any purpose other than single-family residences
shall be physically separated from any public street by a planting
strip which shall not be less than five feet in width. This five-foot
planting strip shall be parallel to and measured from the street line.
Tire bumpers or concrete curb shall be installed so as to prevent
vehicle overhang of the sidewalk areas.
(9)
Off-street parking areas shall include planted islands every 135 feet or 15 parking spaces; these islands shall be a minimum of nine feet in width. One shade tree (minimum three-inch caliper) for every nine cars shall be required and shall be planted either in these islands or in other locations inside the parking area boundaries. This requirement is in addition to any buffer yard or landscape setback area planting requirements in § 310-117.
[Amended 5-22-2012 by Ord. No. 1247]
(10)
Lighting of parking areas may be required, at the discretion
of the Zoning Officer. All artificial lighting used to illuminate
any parking space or spaces shall be so arranged that no direct rays
from such lighting shall fall upon any neighboring property or street.
Lighting level shall be a minimum maintained one-footcandle average
unless modified by the Zoning Officer.
C.
Off-street loading requirements. Off-street loading requirements
as specified below shall be provided on any lot on which a building
exceeding 6,000 square feet of gross floor area (GFA) for business
or industry is hereafter erected.
(1)
Every retail establishment, storage warehouse, light manufacturing,
heavy manufacturing, research and development, or wholesale establishment
exceeding 6,000 square feet of gross floor area shall conform to the
following requirements:
|
GFA Devoted to Each Use
(square feet)
|
Required Number of Berths
| |
|---|---|---|
|
6,000 to 19,999
|
1
| |
|
20,000 to 79,999
|
2
| |
|
Each additional 50,000 over 79,999
|
1 additional
|
(2)
Every auditorium, funeral home, multifamily dwelling of 20 units
or more, office building, restaurant or hotel exceeding 6,000 square
feet of gross floor area (GFA) shall conform to the following requirements:
|
GFA Devoted to Each Use
(square feet)
|
Required Number of Berths
| |
|---|---|---|
|
6,000 to 29,999
|
1
| |
|
30,000 to 44,999
|
2
| |
|
Each additional 75,000 over 44,999
|
1 additional
|
(3)
Off-street loading design and maintenance standards.
(a)
Each required berth shall be no less than 14 feet wide, 55 feet
long and 17 feet high, exclusive of drives and maneuvering space,
and located entirely on the lot being served.
(b)
There shall be appropriate means of access to a street or alley
as well as adequate maneuvering space.
(c)
All accessory driveways and entranceways shall be graded, all-weather-surfaced
and drained to the satisfaction of the Borough Engineer to the extent
necessary to prevent nuisances of dust, erosion and excessive water
flow across public ways.
(d)
Such facilities shall be designed and used in such a manner
as to at no time constitute a nuisance, a hazard or an unreasonable
impediment to traffic.
(f)
Loading facilities shall be provided and maintained as long
as the use exists for which the facilities were designed to serve.
(g)
Loading facilities shall not be reduced in total extent after
their provision, except when the reduction is in conformity with the
requirements of this section.
(h)
Reasonable precautions shall be taken by the owner or sponsor
of particular uses to assure the availability of required facilities
to the delivery and pickup vehicles they are designed to serve.
The following signage performance standards shall apply to all
development in a P Public/Civic District.
A.
General. Signs may be erected and maintained only when in compliance
with the provisions of this section and the signage regulations of
the Borough relative to the erection, alteration or maintenance of
signs and similar devices. Permanent signs shall only be erected on
the premises they serve and shall not overhang any public street right-of-way.
B.
District signs. The following regulations apply to signs erected
and maintained in a P District:
(1)
Sign advertising the sale or rental of the premises upon which
they are erected, when 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:
(2)
Sign advertising the sale or 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 bearing the word "sold" or the word "rented," with the name of the person effecting the sale or rental, may be erected and maintained, provided the conditions in Subsection B(1) are complied with.
(4)
Signs of mechanics, painters and other artisans may be erected
and maintained during the period such persons are performing work
on the premises on which such signs are erected, provided:
(5)
Signs of schools, colleges, churches, hospitals, sanitariums
or other institutions of a similar nature may be erected and maintained,
provided:
(6)
In addition to the other requirements of this section, every
sign referred to herein must be constructed of materials which are
kept in good condition and repair and not allowed to become dilapidated.
Each such sign shall be removed when the circumstances leading to
its erection no longer apply. Unless specifically authorized by other
ordinances or regulations of the Borough, the construction or erection
of any such signs within the street lines of public highways is prohibited.
