[Ord. 2227, 12-10-2013; as amended by Ord. 2235, 7/8/2014;
by Ord. 2015-2251, 5/12/2015, § 3; by Ord. 2016-2264, 6/14/2016;
by Ord. 2016-2268, 11/1/2016; by Ord. No. 2018-2294, 10/9/2018; by Ord.
No. 2019-2308, 10/8/2019; by Ord. No. 2021-2340, 12/14/2021; by Ord. No. 2022-2353, 9/13/2022; by Ord. No. 2024-2379, 3/12/2024; by Ord. No. 2024-2388, 5/14/2024]
1.
Infill Development Standards. The following dimensional standards shall be used for all tract areas and lots less than one acre. The dimensional standards listed for the specific zoning districts in §§ 27-302 to 27-308 shall be used for those not listed below. Tract areas or lot areas greater than one acre in size shall use the dimensional standards listed for the specific zoning districts in §§ 27-302 to 27-308.
A.
The applicant shall use the measurement of existing development within
the subject property's block face to determine the below infill development
standards, which shall be measured as follows:
(1)
Build-To Line. The front build-to line shall be within the range
of front built-to lines of existing buildings on the same street
frontage of the block. If there are no buildings on the block, the
setback shall be within the range of either of the two adjacent blocks.
(2)
Lot Size. The minimum lot size, or average lot size for multi-lot
projects, shall equal the median area of lots on a block face or the
size of either of the two adjacent lots.
(3)
Side Yard. The minimum side yard shall equal the building side
yard setbacks of either of the two adjacent lots. In the Residential
Infill District, in no case shall the side yard be less than 5 feet
or structures be closer than 10 feet.
(4)
Lot Depth. The minimum lot depth, or average lot depth for multi-lot
projects, shall equal the median depth of lots on a block face. For
lots that extend from a street to a street, not an alley or street
functioning as an alley, on blocks that have existing lots subdivided
between these streets, the lot depth shall equal half the distance
between the streets.
B.
Residential Infill Zoning District Exception. No new building type
may be introduced in a block unless the parcel existing at the effective
date of this ordinance is at least eight acres. For example, for parcels
measuring less than eight acres, the "twin" or multifamily residential
building type cannot be constructed unless there is at least one existing
twin or multifamily residential building type within the block.
2.
Land Uses.
A.
Conditional Uses.
(1)
The uses listed below are permitted by conditional use in the
zoning districts as indicated below. Such uses shall comply with the
applicable regulations within the underlying zoning district as well
as the conditional use standards set forth in this Zoning Ordinance.
|
Zoning District
| |||||||
|---|---|---|---|---|---|---|---|
|
Conditional Uses
|
RI
|
TC
|
MI
|
NC
|
CD
|
MG
|
I
|
|
Adaptive reuse
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Adult commercial
|
X
| ||||||
|
Adult entertainment
|
X
| ||||||
(2)
Additional Conditional Use Standards Applicable to Specific
Uses.
(a)
Adaptive Reuse.
1)
Application. Adaptive reuse shall apply to the structures with
the following characteristics:
a)
Structures having significant character, interest,
or importance as part of the development, heritage, or cultural characteristics
of the Borough, county, region, state, or nation, or is associated
with the life of a person significant in the Borough's past.
b)
There exists architecture, archaeology, engineering,
or culture in the resource, whether in buildings, objects, structures
or sites, which possesses design, setting, materials, workmanship,
feeling, or association of historical significance.
c)
The resource has yielded, or may be likely to yield,
information important in pre-history or history.
d)
Any resource which is included on the National Register
of Historic Places.
2)
Excluded Structures and Properties. Adaptive reuse shall not
be available for structures and/or properties which have been subject
to renovations which have irrevocably altered the original character
of the original structure.
3)
Parking. Off-street parking shall be provided for all adaptive reuses according to the regulations and guidelines of § 27-405, Parking.
4)
Borough Council may incentivize adaptive reuse by providing
any one or more of the following incentives:
a)
Up to 25% reduction in off-street parking supply.
b)
Up to 25% reduction in minimum lot area per residential
dwelling unit for multifamily residential use building types for up
to 20 units.
c)
Allowing a residential building type not otherwise
permitted by the chapter.
d)
Allowing a 5% increase in impervious coverage beyond
the maximum impervious coverage permitted by the underlying zoning
district.
5)
Design Standards. All proposed adaptive reuses shall incorporate
the following design standards into the adaptive reuse to the maximum
extent possible.
a)
Integrity of Setting. The adaptive reuse of a property
shall be found to maintain or improve the integrity of the setting
and character of the structure and with the surrounding properties
and structures, including, but not limited to, the building facade(s),
and further preserve significant site features and immediate yard
areas which contribute to the setting and character of the property
with the resource.
b)
Landscaping. A landscape plan consistent with § 27-406 of the Zoning Ordinance and § 22-428 of the Subdivision and Land Development Ordinance (the "landscape ordinances") shall be provided as a part of the conditional use application for the property on which the adaptive reuse is proposed. Through screening, buffering and selection of plant material, the plan shall protect the integrity of setting and buffer existing adjacent uses from the new adaptive reuse as deemed appropriate by the Borough. Borough Council may approve or require adjustments to the requirements of the landscape ordinances as a condition of any conditional use approval.
c)
Lighting. A lighting plan shall be provided as a part of the conditional use application for the adaptive reuse, which plan shall be prepared in accordance with the standards contained in § 27-601. Borough Council may approve or require adjustments to the requirements of § 27-601 as a condition of any conditional use approval, as recommended by the Borough Land Planner and/or Borough Engineer.
d)
Solid waste storage and removal areas shall be screened/buffered as required by § 27-406 of the Zoning Ordinance and § 22-428 of the Subdivision and Land Development Ordinance (the "landscape ordinances"), whether storage is interior or exterior, and shall not interfere with the access to or from the building or site. Borough Council may approve or require adjustments to the requirements of the landscape ordinances as a condition of any conditional use approval.
e)
Addition to Building Area.
i.
If an adaptive reuse project includes any building
addition or any other new buildings proposed on the site, any new
construction shall not have a building height more than the existing
structure and shall not impact the facade of the existing building
facing any of the property's front yard(s).
ii.
Any increase to existing structural footprint shall
not exceed 25% except outdoor patios, pergolas and covered terraces.
f)
Additional standards for Adaptive Reuse. Any proposed
rehabilitation, alteration or enlargement of a structure 50 years
in age or greater shall be in general compliance with the Secretary
of the US Department of the Interior's Standards for Rehabilitation,
paying particular attention to the following:
i.
The adaptive reuse shall be a compatible use for
a property which requires minimal exterior alteration of the building,
structure or site and its environment.
ii.
The distinguishing original qualities or character
of a building, structure or site and its environment shall not be
destroyed. The removal or alteration of any distinctive architectural
features shall be avoided when possible. Deteriorated architectural
features shall be repaired rather than replaced, wherever possible.
In the event that an applicant to a conditional use hearing proves
that replacement of certain distinguishing features is necessary,
the proposed new material shall match the material being replaced
in composition, design, color, texture and other visual qualities.
Repair or replacement of missing architectural features shall be based
on accurate duplications of features, substantiated by historic, physical
or pictorial evidence rather than on conjectural designs or the availability
of different architectural elements from other buildings or structures.
iii.
Distinctive stylistic features or examples of
skilled craftsmanship which characterize a building, structure or
site shall be treated with sensitivity and preserved.
iv.
Contemporary design for alterations and additions
to existing properties shall not be discouraged when such alterations
and additions do not destroy significant historical, architectural
or cultural material and such design is demonstrated to be compatible
with the size, scale, color, material and character of the property,
neighborhood or environment.
v.
New additions or alterations to structures shall
be designed and constructed in such a manner that if such additions
or alterations were to be removed in the future, the essential form
and integrity of the original structure would be unimpaired.
B.
Special Exceptions.
(1)
The uses listed below are permitted by special exception in
the zoning districts as indicated below. Such uses shall comply with
the applicable regulations within the underlying zoning district as
well as the special exception standards as set forth in this Zoning
Ordinance.
|
Zoning District
| |||||||
|---|---|---|---|---|---|---|---|
|
Special Exception Uses
|
RI
|
TC
|
MI
|
NC
|
CD
|
MG
|
I
|
|
Agricultural uses
|
X
|
X
|
X
| ||||
|
Automobile sales and services
|
X
| ||||||
|
Bed-and-breakfast/guesthouses
|
X
|
X
|
X
|
X
|
X
|
X
| |
|
Billboard
|
X
|
X
| |||||
|
Cemetery
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Community center
|
X
|
X
|
X
| ||||
|
Day-care center
|
X
|
X
|
X
|
X
|
X
| ||
|
Day-care, home
|
X
|
X
|
X
| ||||
|
Electronic message display sign
|
X
|
X
| |||||
|
Emergency management services use
|
X
|
X
|
X
|
X
|
X
|
X
| |
|
Entertainment hall
|
X
|
X
|
X
| ||||
|
Funeral home/mortuary
|
X
|
X
|
X
| ||||
|
Home business
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Home improvement center
|
X
|
X
| |||||
|
Industrial uses
|
X
| ||||||
|
Institutional uses
|
X
|
X
|
X
|
X
| |||
|
Life-care housing facility
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Marquee
|
X
| ||||||
|
Mobile home
|
X
|
X
| |||||
|
Mobile home park
|
X
|
X
| |||||
|
Parking lot
|
X
|
X
|
X
|
X
|
X
|
X
| |
|
Parking club
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Public transportation uses
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Public utility use
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Restaurant, drive-through
|
X
| ||||||
|
Skill game use
|
X
| ||||||
|
Sports complex, recreational facility
|
X
|
X
| |||||
|
Wireless telecommunications facilities
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
(2)
Additional Special Exception Standards Applicable to Specific
Uses.
(a)
Bed-and-Breakfast/Guesthouse.
1)
Such use shall be accessory to and permitted only for a single-family
detached residential dwelling.
2)
At least one bathroom shall be provided for the first guest
room, plus one bathroom for each two additional guest rooms. The living
quarters for the residents shall have their own bathroom or bathrooms.
Bathrooms shall be equipped with a toilet, washbasin and bath and/or
shower.
3)
The minimum size of the guest suite shall be no less than 120
square feet for the first two occupants, and 50 square feet shall
be provided for each additional occupant. No more than five individuals
shall occupy a guest suite.
4)
Guests shall not remain in the same bed-and-breakfast inn for
more than 14 consecutive days.
5)
No external alterations, additions or changes to the exterior
structure shall be permitted.
6)
The use shall be conducted by members of the family of the occupant.
Nonresident employees shall be limited to two in addition to the resident
family members.
7)
There shall be no separate kitchen or cooking facilities in
any guest room. Food served to guests on the premises shall be limited
to breakfast and afternoon tea only. All food service shall comply
with federal, state and county regulations for the preparation, handling
and serving of food.
8)
The applicant shall have a valid County Health Department permit
for the use issued within the last five years. The total number of
bedrooms (resident and guest) in the bed-and-breakfast facility shall
not exceed the number of bedrooms which a sewage system is or was
designed to accommodate.
9)
A permit issued for a bed-and-breakfast facility, after the
Zoning Hearing Board approves the special exception, shall have a
life of one year. The permit may be renewed annually without the necessity
of a new special exception application, provided that the Zoning Officer
has inspected the facility and found it to be in compliance with the
provisions of this chapter and any conditions imposed by the Zoning
Hearing Board in the grant of the special exception.
10)
A bed-and-breakfast facility shall be considered
a temporary accessory use granted to the owner. The temporary zoning
permit shall expire when the property is transferred, sold or leased
or when the property is no longer the primary residence of the owner
or if the Zoning Officer does not renew the permit.
11)
Any amenities, such as a tennis court or swimming
pool, shall be solely for the use of the resident owner and the guests.
12)
The resident owner(s) shall maintain a guest register,
which shall list the names and addresses of all guests.
13)
No bed-and-breakfast facility shall be within 300
feet of another lot used for a bed-and-breakfast facility.
(b)
Home Business.
1)
No more than one customer/client at a time shall be permitted
to visit the home business, and no more than two outside employees
may be working at the dwelling at the same time.
2)
Maximum floor area devoted to the home business shall not be
more than 600 square feet or 25% of the dwelling total floor area,
whichever is less.
3)
In no way shall the appearance of the residential structure
be altered or the occupation within the residence be conducted in
a manner which would cause the premises to differ from its residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible outside the premises to attract
customers or clients, other than those signs permitted by this chapter.
4)
One sign is permitted per home business, provided that it is
no larger than two square feet per side and bear only the name, business
and office hours of the practitioner. In addition, it shall not be
illuminated or placed in a window.
5)
There shall be no exterior storage of materials or refuse resulting
from the operation of the home business.
(c)
Public Utility Use.
1)
Business offices, storage yards or storage buildings associated
with a public utility use shall not be included in the RI Residential
Infill District.
2)
A fence, wall or landscaping shall be provided to visually screen
the ground-level structures associated with this use.
3)
All appropriate measures shall be taken to limit noise and lighting
impacting surrounding properties.
(d)
Billboards. Billboards shall be subject to the following provisions
when permitted by conditional use:
1)
Billboards are permitted upon parcels of at least 0.5 acre fronting
along Nutt Road northwest of the Norfolk Southern "Devault Line" Railroad,
fronting along Bridge Street east of the Norfolk Southern Railroad
(former Reading Railroad) tracks, and fronting along the eastern side
of North Main Street between the south side of the Norfolk Southern
"Devault Line" and the French Creek.
2)
Billboards shall be no more than 25 feet in height above the
ground, including any supporting structure elevating the signage.
3)
Signage shall not exceed a maximum area of 125 square feet,
including border and trim, and may be permitted to have 125 square
feet each on both sides if the signage is two sides back to back.
4)
No more than one billboard may be placed on a lot.
5)
No billboard shall be erected within 200 feet of any other freestanding
sign having a height in excess of 10 feet, or within 200 feet of another
billboard.
6)
Billboards shall be set back not less than 10 feet from the
lot's boundary with the public right-of-way or street, whichever
is closer to the center point of the lot, and not less than 15 feet
from any neighboring lot boundary.
7)
If the billboard is to have exterior lighting, a lighting plan
must be submitted, reviewed and approved by the Borough Zoning Officer,
and the lighting plan shall include glare-reduction devices, shielding,
luminaire reflectors, or other suitable measures, minimizing the intensity
of lighting so that no more than 0.5 footcandle of light from signs
shall fall upon any residential lot between the hours of 9:00 p.m.
and 6:00 a.m., prevailing time.
(e)
Electronic Message Display Signs. Electronic message display
signs shall be permitted by right in all districts for any municipal
uses. For other uses, electronic message display signs are permitted
by special exception in the districts designated above and subject
to the following provisions:
1)
The duration of each message shall be a minimum of five seconds.
2)
The transition time between messages shall be less than one
second.
3)
The sign must be equipped with brightness controls so that the
brightness of the sign has the ability to respond to changes in the
outside light levels.
4)
Except for traffic control signs, electronic message display
signs are prohibited within 100 feet of a traffic control device and
shall otherwise conform to all other applicable regulations with regard
to freestanding or wall signs.
5)
The sign shall be no more than eight feet in height, and sign
area shall be no more than 10 square feet.
6)
No more than one electronic message display sign shall be placed
on an individual lot, and no such sign may be erected within 100 feet
of any other electronic message display sign on a different lot.
7)
Electronic message display signs shall be set back not more
than 35 feet nor less than 10 feet from the lot's boundary with
the public right-of-way or street, whichever is closer to the center
point of the lot, and not less than 15 feet from any neighboring lot
boundary.
(g)
Private Club.
1)
Minimum lot area: 20,000 square feet.
2)
This use shall not be conducted as a private gainful business.
3)
This use shall be for members and their authorized guests only.
4)
Parking: one off-street parking space for each five members
of total capacity, or at least one off-street parking space for each
50 square feet of total 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 employee. Parking areas shall be adequately
screened when situated within 50 feet of land zoned for or in residential
use.
(h)
Restaurant, Drive-Through. Drive-through restaurant shall be
subject to the following provisions when permitted by special exception:
1)
There shall be no use of amplified sound between the hours of
11:00 p.m. and 6:00 a.m. Vehicles shall drive to the service window
for service during these hours.
(i)
Skill Game Use as a Principal,
Co-Principal or Accessory Use.
1)
When sought as a special exception, skill games uses are subject
to the following additional regulations:
a)
No person who shall conduct or operate a skill game
use or shall allow such skill game use to remain open at any time
on Sunday; or on any other day or days between the hours of 11:00
p.m. and 7:00 a.m. of the following day (Daylight Saving Time when
in effect).
b)
No person shall knowingly allow or permit any person
under the age of 18 years to engage in a skill game use or to be present
in an establishment providing a skill games use.
2)
Exemption. A skill games use providing for the use thereof by
two or less persons at any given time, operated as an accessory use
to a permitted principal use, shall be exempt from the requirement
to obtain special exception approval reflected by this section.
C.
Uses Permitted by Right.
(1)
The uses listed below are permitted by right in the below-designated
zoning districts. Such uses must specifically fall under the definition
for them in the definition section of this Zoning Ordinance[1] and may also be subject to additional permitting requirements
as established by the Borough's Codes Department.
|
By-Right Uses
|
RI
|
TC
|
MI
|
NC
|
CD
|
MG
|
I
|
|---|---|---|---|---|---|---|---|
|
Accessory building
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Accessory building, residential
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Auto supply store
|
X
|
X
|
X
| ||||
|
Community gardens
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Group home
|
X
|
X
|
X
|
X
|
X
|
X
| |
|
Health and fitness club
|
X
|
X
|
X
|
X
|
X
|
X
| |
|
Home occupation, no-impact
|
X
|
X
|
X
|
X
|
X
|
X
| |
|
Hotel/motel
|
X
|
X
|
X
| ||||
|
Industrial uses
|
X
| ||||||
|
Institutional
|
X
|
X
|
X
|
X
| |||
|
Municipal uses
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Office use
|
X
|
X
|
X
|
X
|
X
|
X
| |
|
Outdoor market
|
X
|
X
|
X
|
X
|
X
|
X
| |
|
Parking garage, multilevel
|
X
|
X
|
X
|
X
|
X
| ||
|
Residential uses
|
X
|
X
|
X
|
X
|
X
|
X
| |
|
Restaurant
|
X
|
X
|
X
|
X
|
X
| ||
|
Retail goods and services
|
X
|
X
|
X
|
X
|
X
| ||
|
Self-storage
|
X
| ||||||
|
Tavern/bar
|
X
|
X
|
X
|
X
| |||
|
Temporary outside display
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Temporary structure
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Theater and entertainment center
|
X
|
X
|
X
|
|
NOTES:
| |
|---|---|
|
*
|
Uses in bold also shown on zoning district pages.
|
(2)
Additional By-Right Standards Applicable to Specific Uses.
(a)
Self-storage.
1)
No exterior storage shall be permitted on the premises.
2)
No storage of petroleum products, explosives, firearms, volatile
or flammable chemicals or any other property or material which would
materially increase the hazard or likelihood of fire, explosion or
other casualty shall be permitted on the premises.
3)
No storage of foodstuffs, produce or other perishables shall
be permitted on the premises.
4)
No storage of pets or animals shall be permitted on the premises.
5)
No unit shall be used for any purpose other than the exclusive
use for storage as permitted.
[Ord. 2227, 12-10-2013]
[Ord. 2227, 12-10-2013]
[Ord. 2227, 12-10-2013]
[Ord. 2227, 12-10-2013]
[Ord. 2227, 12-10-2013]
[Ord. 2227, 12-10-2013; as amended by Ord. 2016-2268, 11/1/2016]
[Ord. 2227, 12-10-2013]
