Borough of Palmyra, PA Article II Zone Provisions

§ 380-14 Low-Density Residential Zone (LDR).

A. Purpose of zone. The purpose of this zone is to accommodate low- to medium-density residential uses in areas with sufficient infrastructure to support such densities. Selected locations provide for the accommodation of future developments in accordance with the Palmyra Area Region Comprehensive Plan and acknowledge the location of existing land uses with these suburban characteristics. This zone coincides with planned sewer and water utility service areas which are required.

B. Uses permitted by right.

(1) Agriculture and horticulture, including one single-family detached dwelling contained on the site. This use shall expressly exclude concentrated animal feeding operations (CAFOs), concentrated animal operations (CAOs) and commercial produce operations, all as defined herein:

(2) Forestry uses subject to the requirements of § 380-77 of this chapter.

(3) Single-family detached dwellings.

(4) Municipal and governmental uses.

(5) Parks and playgrounds.

(6) Public utilities structures.

(7) Public and private schools, subject to the requirements of § 380-108 of this chapter.

(8) Cemeteries, including but not limited to pet cemeteries.

(9) Churches and related uses, subject to the requirements of § 380-63 of this chapter.

(10) Duplex dwellings, subject to the requirements of § 380-72.1 of this chapter.

[Added 9-10-2020 by Ord. No. 807[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection B(10) as Subsection B(11).

(11) Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:

(a) Alternative energy production facilities, subject to the requirements of § 380-49 of this chapter.

(b) Domestic composts, subject to the requirements of § 380-71 of this chapter.

(c) Domestic pets, as defined herein.

(d) Family day-care facilities, as defined herein subject to the requirements of § 380-73 of this chapter.

(e) Fences and walls, subject to the requirements of § 380-76 of this chapter.

(f) Garages and sheds for the storage of personal vehicles and or personal property, attached or detached to the dwelling unit.

(g) Garage, yard and/or moving sales, subject to the requirements of § 380-80 of this chapter.

(h) Gardening and raising of plants for personal use.

(i) Home occupations, as defined herein, subject to the requirements of § 380-88 of this chapter.

(j) Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 380-92 of this chapter.

(k) Manure storage facilities, as an accessory use to an agricultural or horticultural use if contained upon a farm, subject to the requirements of § 380-94 of this chapter.

(l) No-impact home-based business, as defined herein.

(m) Ornamental ponds and wading pools subject to the requirements of § 380-102 of this chapter.

(n) Outdoor residential athletic courts (e.g., basketball, bocce, handball, tennis, volleyball, etc.) subject to the requirements of § 380-103 of this chapter.

(o) Parking and/or storage of recreation vehicles and personal cargo trailers, subject to the requirements of § 380-38J of this chapter.

(p) Play structures, as defined herein, provided such structures are confined to the side or rear yard and are located no closer than 15 feet from the closest side and or rear lot line.

(q) Residential swimming pools, subject to the requirements of § 380-111 of this chapter.

(r) Routine repair and servicing of personal motor vehicles, subject to the requirements of § 380-113 of this chapter.

(s) Satellite dish antennas, subject to the requirements of § 380-114 of this chapter.

(t) Signs as defined herein, subject to the requirements of § 380-45 of this chapter.

C. Uses permitted by special exception (Subject to the review procedures of § 380-139B of this chapter).

(1) Historic structure conversions, subject to the requirements of § 380-86 of this chapter.

(2) Nursing, rest or retirement homes, subject to the requirements of § 380-101 of this chapter.

D. Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 380-28 of this chapter. All access drives serving other uses shall be in accordance with § 380-24 of this chapter. All lanes exclusively serving agriculture, horticulture and/or forestry-related uses shall be exempt from driveway and access drive requirements in §§ 380-28 and 380-24, respectively, except those related to the clear-sight triangle listed in § 380-28C of this chapter.

E. General provisions. All uses permitted within this zone shall also comply with the applicable General Provisions in Article III of this chapter.

F. Sidewalks and pedestrian access. All uses permitted within this zone shall also comply with the applicable sidewalk requirements contained within Chapter 318, Subdivision and Land Development.

G. Area and design requirements within the (LDR) Zone. All uses within the low-density residential zone shall comply with those standards listed in Table 380-14G, Area and Design Requirements Within the (LDR) Zone.[2]

[2] Editor's Note: Said table is included as an attachment to this chapter.

§ 380-15 Town Residential Zone (TR).

A. Purpose of zone. The purpose of this zone is to accommodate in-fill developments amid the Borough's tightly knit older neighborhoods with sufficient infrastructure to support such densities. Selected locations provide for the accommodation of detached and duplex dwellings in accordance with the Palmyra Area Region Comprehensive Plan and acknowledge the location of existing land uses with these urban characteristics. Required design standards reflect existing development patterns with long and narrow lots and minimal front and side yard setbacks.

B. Uses permitted by right.

(1) Forestry uses subject to the requirements of §§ 380-14G and 380-77 of this chapter.

(2) Single-family detached dwellings.

(3) Duplex dwellings and two-family dwellings.

(4) Municipal and governmental uses subject to the requirements of § 380-14G of this chapter.

(5) Parks and playgrounds.

(6) Public utilities structures.

(7) Cemeteries, including but not limited to pet cemeteries.

(8) Churches and related uses, subject to the requirements of § 380-63 of this chapter.

(9) Two-family conversions, subject to the requirements of § 380-121 of this chapter.

(10) Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:

(a) Alternative energy production facilities, subject to the requirements of § 380-49 of this chapter.

(b) Domestic composts, subject to the requirements of § 380-71 of this chapter.

(c) Domestic pets, as defined herein.

(d) Family day-care facilities, as defined herein subject to the requirements of § 380-73 of this chapter.

(e) Fences and walls, subject to the requirements of § 380-76 of this chapter.

(f) Garages and sheds for the storage of personal vehicles and or personal property, attached or detached to the dwelling unit.

(g) Garage, yard and/or moving sales, subject to the requirements of § 380-80 of this chapter.

(h) Gardening and raising of plants for personal use.

(i) Home occupations, as defined herein, subject to the requirements of § 380-88 of this chapter.

(j) No-impact home-based business, as defined herein.

(k) Outdoor residential athletic courts, subject to the requirements of § 380-103 of this chapter.

(l) Play structures, as defined herein, provided such structures are confined to the side or rear yard and are located no closer than 15 feet from the closest side and or rear lot line.

(m) Residential swimming pools, subject to the requirements of § 380-111 of this chapter.

(n) Routine repair and servicing of personal motor vehicles, subject to the requirements of § 380-113 of this chapter.

(o) Satellite dish antennas, subject to the requirements of § 380-114 of this chapter.

(p) Signs as defined herein, subject to the requirements of § 380-45 of this chapter.

C. Uses permitted by special exception (subject to the review procedures of § 380-139B of this chapter).

(1) Historic structure conversions, subject to the requirements of § 380-86 of this chapter.

(2) Nursing, rest or retirement homes, subject to the requirements of § 380-101 of this chapter.

D. Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 380-28 of this chapter. All access drives serving other uses shall be in accordance with § 380-24. All lanes exclusively serving agriculture, horticulture and/or forestry related uses shall be exempt from driveway and access drive requirements in §§  380-28 and 380-24 except those related to clear sight triangle requirements included in § 380-28C of this chapter.

[Amended 4-12-2022 by Ord. No. 815]

E. General provisions. All uses permitted within this zone shall also comply with the applicable General Provisions in Article III of this chapter.

F. Sidewalks and pedestrian access. All uses permitted within this zone shall also comply with the applicable sidewalk requirements contained within Chapter 318, Subdivision and Land Development.

G. Area and design requirements within the (TR) Zone. All uses within the Town Residential Zone shall comply with those standards listed in Table 380-15G, Area and Design Requirements Within the (TR) Zone.[1]

[1] Editor's Note: Said table is included as an attachment to this chapter.

§ 380-16 Multifamily Residential Zone (MFR).

A. Purpose of zone. This zone provides for various types of residential dwelling units and residential living environments by right to promote the availability of a diverse and affordable housing stock. Selected locations provide for the accommodation of future developments in accordance with the Palmyra Area Region Comprehensive Plan and acknowledge the location of existing land uses with similar characteristics. This zone coincides with planned sewer and water utility service areas which are required.

B. Uses permitted by right.

(1) Forestry uses subject to the requirements of §§ 380-14G and 380-77 of this chapter.

(2) Single family detached dwellings.

(3) Duplex dwellings.

(4) Townhouse dwellings.

(5) Multiple-family dwellings.

(6) Municipal and governmental uses subject to the requirements of § 380-14G of this chapter.

(7) Parks and playgrounds.

(8) Public utilities structures.

(9) Public and private schools, subject to the requirements of § 380-108 of this chapter.

(10) Cemeteries, including but not limited to pet cemeteries.

(11) Two-family conversions, subject to the requirements of § 380-121 of this chapter.

(12) Churches and related uses, subject to the requirements of § 380-63 of this chapter.

(13) Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:

(a) Alternative energy production facilities, subject to the requirements of § 380-49 of this chapter.

(b) Domestic composts, subject to the requirements of § 380-71 of this chapter.

(c) Domestic pets, as defined herein.

(d) Family day-care facilities, as defined herein subject to the requirements of § 380-73 of this chapter.

(e) Fences and walls, subject to the requirements of § 380-76 of this chapter.

(f) Garages and sheds for the storage of personal vehicles and or personal property, attached or detached to the dwelling unit.

(g) Garage yard and/or moving sales, subject to the requirements of § 380-80 of this chapter.

(h) Gardening and raising of plants for personal use.

(i) Home occupations, as defined herein, subject to the requirements of § 380-88 of this chapter.

(j) Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 380-92 of this chapter.

(k) No-impact home-based business, as defined herein.

(l) Ornamental ponds and wading pools subject to the requirements of § 380-102 of this chapter.

(m) Outdoor residential athletic courts (e.g., basketball, bocce, handball, tennis, volleyball, etc.), subject to the requirements of § 380-103 of this chapter.

(n) Play structures, as defined herein, provided such structures are confined to the side or rear yard and are located no closer than 15 feet from the closest side and or rear lot line.

(o) Residential swimming pools, subject to the requirements of § 380-111 of this chapter.

(p) Routine repair and servicing of personal motor vehicles, subject to the requirements of § 380-113 of this chapter.

(q) Satellite dish antennas, subject to the requirements of § 380-114 of this chapter.

(r) Signs as defined herein, subject to the requirements of § 380-45 of this chapter.

(s) Parking and/or storage of recreational vehicles or personal cargo trailers, subject to the requirements of § 380-38J of this chapter.

C. Uses permitted by special exception (subject to the review procedures of § 380-139B of this chapter).

(1) Boarding houses, subject to the requirements of § 380-59 of this chapter.

(2) Historic structure conversions, subject to the requirements of § 380-86 of this chapter.

(3) Medical residential campus, subject to the requirements of § 380-96 of this chapter.

(4) Nursing, rest or retirement homes, subject to the requirements of § 380-101 of this chapter.

(5) Short-term rental, subject to the requirements of § 380-117.1 of this chapter.

[Added 4-12-2022 by Ord. No. 815]

D. Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 380-28 of this chapter. All access drives serving other uses shall be in accordance with § 380-24 of this chapter. All lanes exclusively serving agriculture, horticulture and/or forestry-related uses shall be exempt from driveway and access drive requirements in §§ 380-28 and 380-24, respectively, except those related to the clear-sight triangle listed in § 380-28C of this chapter.

E. General provisions. All uses permitted within this zone shall also comply with the applicable General Provisions in Article III of this chapter.

F. Sidewalks and pedestrian access. All uses permitted within this zone shall also comply with the applicable sidewalk requirements contained within Chapter 318, Subdivision and Land Development.

G. Area and design requirements within the (MFR) zone. All uses within the Multifamily Residential Zone shall comply with those standards listed in Table 380-16G, Area and Design Requirements Within the (MFR) Zone.[1]

[1] Editor's Note: Said table is included as an attachment to this chapter.

§ 380-17 Manufactured Home Park Zone (MHP).

A. Purpose of zone. The purpose of this zone is to accommodate manufactured home parks in areas with sufficient infrastructure to support such densities. Selected locations provide for the accommodation of future developments in accordance with the Palmyra Area Region Comprehensive Plan and acknowledge the location of existing land uses with these characteristics.

B. Uses permitted by right.

(1) Forestry uses subject to the requirements of §§ 380-14G and 380-77 of this chapter.

(2) Single-family detached dwellings, subject to the requirements of § 380-16 of this chapter.

(3) Manufactured home parks subject to the requirements of § 380-82 of this chapter.

[Amended 4-12-2022 by Ord. No. 815]

(4) Municipal and governmental uses subject to the requirements of § 380-14G of this chapter.

(5) Parks and playgrounds subject to the requirements of § 380-16 of this chapter.

(6) Public utilities structures subject to the requirements of § 380-16 of this chapter.

(7) Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:

(a) Alternative energy production facilities, subject to the requirements of § 380-49 of this chapter.

(b) Domestic composts, subject to the requirements of § 380-71 of this chapter.

(c) Domestic pets, as defined herein.

(d) Family day-care facilities, as defined herein subject to the requirements of § 380-73 of this chapter.

(e) Fences and walls, subject to the requirements of § 380-76 of this chapter.

(f) Garages and sheds for the storage of personal vehicles and or personal property, attached or detached to the dwelling unit.

(g) Garage, yard and/or moving sales, subject to the requirements of § 380-80 of this chapter.

(h) Gardening and raising of plants for personal use.

(i) Home occupations, as defined herein, subject to the requirements of § 380-88 of this chapter.

(j) Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 380-92 of this chapter.

(k) No-impact home-based business, as defined herein.

(l) Ornamental ponds and wading pools subject to the requirements of § 380-102 of this chapter.

(m) Outdoor residential athletic courts (e.g., basketball, bocce, handball, tennis, volleyball, etc.), subject to the requirements of § 380-103 of this chapter.

(n) Play structures, as defined herein, provided such structures are confined to the side or rear yard and are located no closer than 15 feet from the closest side and or rear lot line.

(o) Residential swimming pools, subject to the requirements of § 380-111 of this chapter.

(p) Routine repair and servicing of personal motor vehicles, subject to the requirements of § 380-113 of this chapter.

(q) Satellite dish antennas, subject to the requirements of § 380-114 of this chapter.

(r) Signs as defined herein, subject to the requirements of § 380-45 of this chapter.

C. Minimum required lot width. Each lot/space reserved for one manufactured home shall have a width of at least 45 feet.

D. Required utilities. All manufactured home parks shall be served by public sewers and public water.

E. Maximum permitted coverage. Within the manufactured home park, no more than 60% of the site shall be covered with impervious surfaces. No more than 75% of an individual manufactured home lot/space shall be covered with impervious surfaces.

F. Maximum permitted height. No principal building shall exceed 25 feet, and no accessory structure shall exceed 20 feet, in height. All uses must comply with the Airport Safety Zone contained in § 380-23 of this chapter.

G. Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 380-28 of this chapter. All access drives serving other uses shall be in accordance with § 380-24 of this chapter. All lanes exclusively serving agriculture, horticulture and/or forestry-related uses shall be exempt from driveway and access drive requirements in §§ 380-28 and 380-24, respectively, except those related to the clear-sight triangle listed in § 380-28C of this chapter.

H. General provisions. All uses permitted within this zone shall also comply with the applicable General Provisions in Article III of this chapter.

I. Sidewalks and pedestrian access. All uses permitted within this zone shall also comply with the applicable sidewalk requirements contained within Chapter 318, Subdivision and Land Development.

§ 380-18 Mixed-Use Zone (MU).

A. Purpose of zone. This zone accommodates a mixture of land uses that have evolved along Main Street/U.S. Route 422. Limited businesses have been selected that can take advantage of the daily traffic passing upon this highway, while at the same time assure compatibility with the numerous dwellings that remain. Aside from residential and public uses, all uses are evaluated via the special exception review process so that opportunities to integrate vehicular access and parking are provided during site plan review. Strict design requirements have been imposed to preserve the "small town" character of these areas, and bonus incentives are available for uses that employ "high-quality" site design features. Overall retail size has been restricted as a means of encouraging adaptive reuse of converted dwellings, rather than the construction of new commercial buildings.

B. Uses permitted by right.

(1) Forestry uses subject to the requirements of §§ 380-14G and 380-77 of this chapter.

(2) Municipal and governmental uses subject to the requirements of § 380-14G of this chapter.

(3) Parks and playgrounds.

(4) Public utilities structures.

(5) Cemeteries, including pet cemeteries.

(6) Churches and related uses, subject to the requirements of § 380-63 of this chapter.

(7) Single-family detached dwellings.

(8) Duplex and two-family dwellings.

(9) Two-family conversions, as defined herein and subject to the requirements of § 380-121 of this chapter.

(10) Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:

(a) Alternative energy production facilities, subject to the requirements of § 380-49 of this chapter.

(b) Domestic composts, subject to the requirements of § 380-71 of this chapter.

(c) Domestic pets, as defined herein.

(d) Family day-care facilities, as defined herein subject to the requirements of § 380-73 of this chapter.

(e) Fences and walls, subject to the requirements of § 380-76 of this chapter.

(f) Garages and sheds for the storage of personal vehicles and or personal property, attached or detached to the dwelling unit.

(g) Garage, yard and/or moving sales, subject to the requirements of § 380-80 of this chapter.

(h) Home occupations, as defined herein, subject to the requirements of § 380-88 of this chapter.

(i) Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 380-92 of this chapter

(j) No-impact home-based business, as defined herein.

(k) Ornamental ponds and wading pools subject to the requirements of § 380-102 of this chapter.

(l) Outdoor residential athletic courts (e.g., basketball, bocce, handball, tennis, volleyball, etc.), subject to the requirements of § 380-103 of this chapter.

(m) Residential swimming pools, subject to the requirements of § 380-111 of this chapter.

(n) Routine repair and servicing of personal motor vehicles, subject to the requirements of § 380-113 of this chapter.

(o) Satellite dish antennas, subject to the requirements of § 380-114 of this chapter.

(p) Signs as defined herein, subject to the requirements of § 380-45 of this chapter.

C. Uses permitted by special exception (subject to the review procedures of § 380-139B of this chapter). In addition as part of the special exception review process, the applicant shall demonstrate those measures employed to incorporate the design features listed in § 380-18P of this chapter. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design, and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Borough to facilitate such a design:

(1) Bed-and-breakfasts, as defined herein, subject to the requirements of §§ 380-18P and 380-57 of this chapter.

[Amended 4-12-2022 by Ord. No. 815]

(2) Boarding houses, subject to the requirements of §§ 380-18P and 380-59H of this chapter.

(3) Caterers, delicatessens, bakeries, ice cream shops, and confectioners, subject to the requirements of § 380-18P of this chapter.

(4) Commercial day-care facilities, subject to the requirements of §§ 380-18P and 480-65 of this chapter.

(5) Dance, music, art, fashion and photographic studios and galleries, subject to the requirements of § 380-19P of this chapter.

(6) Facilities devoted to entertainment and cultural activities subject to the requirements of § 380-18P of this chapter, including but not limited to theaters, playhouses, amphitheaters, concert halls, band shells, recital halls, cinemas, libraries and museums. This use shall expressly exclude off-track betting and/or slot machine parlors, casinos, shooting ranges and adult uses.

(7) Funeral homes, subject to the requirements of §§ 380-18P and 380-79 of this chapter.

(8) Health, fitness, social, fraternal and other private clubs, subject to the requirements of §§ 380-18P and 380-82 of this chapter.

(9) Historic structure conversions, subject to the requirements of §§ 380-18P and 380-86 of this chapter.

(10) Medical, dental, optical and counseling clinics and offices, subject to the requirements of § 380-18P of this chapter.

(11) Nursing, rest or retirement homes, subject to the requirements of §§ 380-18P and 380-101 of this chapter.

(12) Offices subject to the requirements of § 380-18P of this chapter.

(13) Personal services including: barber and beauty or tanning salons; dry-cleaning and laundry pickup/dropoff facilities; music, art or photographic studios and repair of clocks, electronics, computers and small appliances subject to the requirements of § 380-18P of this chapter.

(14) Public and private schools, subject to the requirements of §§ 380-18P and 380-108 of this chapter.

(15) Restaurants (not including drive-through or fast-food restaurants) subject to the requirements of § 380-18P of this chapter.

(16) Retail sale, rental and/or repair of goods, provided the total sales and/or display area is less than 1,200 square feet or equal to that floor area contained on the first story of a building that existed on the effective date of this chapter, subject to the requirements of § 380-18P of this chapter.

(17) Veterinary offices, provided no outdoor keeping of animals is permitted subject to the requirements of § 380-18P of this chapter.

(18) Short-term rental, subject to the requirements of § 380-117.1 of this chapter.

[Added 4-12-2022 by Ord. No. 815]

D. Number of uses.

(1) Any number of the uses allowed in this zone are permitted within each existing building, provided the building size and floor area remain the same as it was on the effective date of this chapter and § 380-29 of this chapter shall not apply in this instance.

(2) For new buildings, § 380-29 of this chapter shall apply in this instance.

(3) For existing buildings that are enlarged, the number of uses permitted per building shall be the same number (at least one) that occupied the building on the effective date of this chapter and § 380-29 of this chapter shall not apply in this instance.

E. Area and design requirements within the (MU) Zone. All uses within the Mixed-Use Zone shall comply with those standards listed in Table 380-18E, Area and Design Requirements Within the (MU) Zone.[1]

[1] Editor's Note: Said table is included as an attachment to this chapter.

F. Outdoor storage. Aside from that normally associated with a residence, no outdoor storage is permitted.

G. Off-street loading. Off-street loading shall be provided as specified in § 380-37 of this chapter, except that all nonresidential loading spaces shall be prohibited within the front yard.

H. Off-street parking. Off-street parking shall be provided as specified in § 380-38 of this chapter, except that all nonresidential parking spaces shall be prohibited within the front yard.

I. Signs. Signs shall be permitted as specified in § 380-45 of this chapter.

J. Driveway and access drive requirements. All driveways serving single-family dwellings shall be provided in accordance with § 380-28 of this chapter. All access drives serving other uses shall be in accordance with § 380-24 of this chapter, except that no access drive shall be greater than 22 feet wide.

K. Landscaping and screening. Any portion of the site not used for buildings, structures, parking lots, loading areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 380-44 of this chapter.) Any off-street parking lots and/or off-street loading spaces shall be screened from adjoining properties unless such properties share such facilities.

L. Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of 15 feet from any adjoining (LDR, TR, MFR or MU) zone properties. All waste receptacles shall be completely enclosed within a masonry, wood or framed structures with a separate pedestrian access gate/door which is self-closing and another truck access gate that must be kept closed when not in use.

M. Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal Government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some applicable regulations, see § 380-39 of this chapter.

N. All uses permitted within this zone shall also comply with the General Provisions in Article III of this chapter.

O. Sidewalks and pedestrian access. All uses permitted within this zone shall also comply with the applicable sidewalk requirements contained within Article V of Chapter 318, Subdivision and Land Development.

P. Design features/bonus incentives. Because of this zone's intended purpose to reduce traffic congestion, the following bonus incentives are applied to individual uses when prescribed design features are provided. These bonus incentives are awarded solely at the discretion of the Zoning Hearing Board, during the special exception review procedure:

	Design Features	Bonus Incentive
	Coordinated vehicular access between 2 or more adjoining land uses that make use of only 1 shared access drive	A 10% increase in the maximum permitted lot coverage for each use.
	Coordinated off-street parking between 2 or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties	Waiver of one side yard setback requirement as it applies to the off-street parking lot, and a 10% reduction in the total number of parking spaces required for all uses.
	Coordinated off-street loading between 2 adjoining land uses sharing a single access drive that provides ready access to 1 or more loading spaces serving both uses	Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces, provided a cross property use easement is recorded that assures both uses may use the shared loading space(s). In addition, one side yard setback may also be waived, as it applies to off-street loading.
	Coordinated signage with 2 or more uses sharing only 1 freestanding sign	A 5% increase in the maximum permitted lot coverage and a 10% increase in the maximum permitted size of any attached signs.

Q. Modifications of design standards. The Zoning Hearing Board, by special exception approval, may permit the modification of the design standards in order to encourage the use of innovative design. A developer desiring to obtain such special exception approval shall, when making application for special exception approval for any use listed in § 380-18C, also make application for special exception under this section. The Zoning Hearing Board shall consider both special exception approval requests simultaneously. Any special exception to permit a modification of the design standards shall be subject to the following standards:

(1) Such modifications of design standards better serve the intended purposes of this zone, as expressed in § 380-18A;

(2) Such modifications of design standards would not result in adverse impact to adjoining properties, nor inhabitants within the Mixed-Use Zone development;

(3) Such modifications will not result in an increase in residential densities permitted for the site; and

(4) The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria of Subsection Q(1) through (3).

§ 380-19 Central Business District (CBD).

A. Purpose of zone. The purpose of this zone is to principally provide commercial goods and services to local residents and employees within the Palmyra Area Region. Uses have been selected to include those that are likely needed on a daily or regular basis. Overall, retail size has been restricted to uphold the traditional central business district setting and local pedestrian orientation of this zone, and to encourage the adaptive reuse of converted historic buildings, rather than the construction of new commercial buildings. Requirements have been specified to preserve the urban character of this area and reflect the "tightly knit" land use pattern. Limited exterior activities have been allowed to contribute to the vitality and diversity of this area. Conversion apartments have also been accommodated upon upper floors, if adequate parking is provided.

B. Uses permitted by right.

(1) Automobile filling stations (including minor incidental repair) subject to the requirements of § 380-56 of this chapter.

(2) Banks and similar financial uses, including outdoor tellers, if pedestrian-oriented, and no more than one drive-through lane.

(3) Barber, beauty, tanning, and health salons.

(4) Bed-and-breakfasts, subject to the requirements of § 380-57 of this chapter.

(5) Bookbinding, printing, and publishing operations.

(6) Caterers, delicatessens, bakeries, ice cream shops, and confectioners.

(7) Churches and related uses, excluding cemeteries, subject to the requirements of § 380-63 of this chapter.

(8) Commercial day-care facilities, subject to the requirements of § 380-65 of this chapter.

(9) Dance, music, art, fashion and photographic studios and galleries.

(10) Dry cleaners, laundries and laundromats, subject to the requirements of § 380-72 of this chapter.

(11) Family day-care facilities, subject to the requirements of § 380-73 of this chapter.

(12) Facilities devoted to entertainment and cultural activities, including but not limited to theaters, playhouses, amphitheaters, concert halls, band shells, recital halls, cinemas, libraries and museums. This use shall expressly exclude off-track betting and/or slot machine parlors, casinos, shooting ranges and adult uses.

(13) Farmers and/or flea markets, subject to the requirements of § 380-74 of this chapter.

(14) Forestry uses subject to the requirements of §§ 380-14G and 380-77 of this chapter.

(15) Funeral homes, subject to the requirements of § 380-79 of this chapter.

(16) Hotels, motels and similar lodging facilities.

(17) Municipal and governmental uses, subject to the requirements of § 380-14G of this chapter.

(18) Medical, dental, optical and counseling clinics and offices.

(19) Microbrewery, with or without a brewery pub.

(20) Offices.

(21) Outpatient health services.

(22) Parks and playgrounds.

(23) Personal services, including barber and beauty or tanning salons; dry-cleaning and laundry pickup/dropoff facilities; tailors and shore repair shops; and repair of clocks, electronics, computers and small appliances.

(24) Public, private and commercial schools subject to the requirements of § 380-109 of this chapter.

(25) Public utilities structures.

(26) Restaurant, taverns, brewery pubs (but not including fast-food restaurants or nightclubs). Outdoor seating for no more than 40 patrons, including awnings, umbrellas, tables and chairs, and trash receptacles are permitted, so long as they are located and operated in a manner that does not interfere with pedestrian or vehicular circulation. All such activities shall be controlled so as not to constitute a nuisance by means of noise and litter;

(27) Retail sales, rental or repair of goods (excluding adult uses), provided that no single use contains more than 12,000 square feet of gross floor area. Permitted uses include:

(a) Card, stationery, magazine, book, or newspapers;

(b) Prerecorded music, video, or spoken word products;

(c) Beverage, wine and liquors;

(d) Sporting goods;

(e) Musical instruments;

(f) Tobacco and smoking accessories supplies;

(g) Domestic hardware and $0.05 and $0.10 items;

(h) Photographic, video, audio, and electronic components and accessories;

(i) Clothing and shoes;

(j) Flower, balloon and gifts;

(k) Pets and supplies with proper licensure;

(l) Jewelry, watches, clocks;

(m) Art and drafting supplies;

(n) Computers, software, training and other office supplies;

(o) Craft supplies, baskets, fabrics, and other notions;

(p) Toy and hobby supplies;

(q) Telephone, vacuum cleaner and other domestic appliances;

(r) Prosthetic and therapy devices and supplies;

(s) Drugstore, perfumes, soaps, lotions, powders, and similar items;

(t) Draperies, wallpaper and rugs;

(u) Bed and bath supplies;

(v) Kitchenware, cookware and dinnerware;

(w) Eyeglass and hearing aid showrooms and offices;

(x) Specialty food stores and grocerettes;

(y) Religious articles and artifacts; and

(z) Antique, thrift and pawn shops.

(28) Single-family detached, duplex and two-family dwellings, including residential accessory uses, subject to the requirements of § 380-15 of this chapter.

(29) Upper-floor apartment. For each commercial use upon a property, one upper-floor apartment with a separate ground-level access and one off-street parking space shall be provided.

(30) Veterinary offices, provided no outdoor keeping of animals is permitted.

(31) Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:

(a) Alternative energy production facilities, subject to the requirements of § 380-49 of this chapter.

(b) Fences and walls, subject to the requirements of § 380-76 of this chapter.

(c) Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 380-92 of this chapter.

(d) Ornamental ponds and wading pools, subject to the requirements of § 380-102 of this chapter.

(e) Satellite dish antennas, subject to the requirements of § 380-114 of this chapter.

(f) Signs as defined herein, subject to the requirements of § 380-45 of this chapter.

C. Uses permitted by special exception. (Subject to the review procedures of § 380-139B of this chapter.)

(1) Amusement arcades, subject to the requirements of § 380-51 of this chapter.

(2) Reserved.

[Amended 4-12-2022 by Ord. No. 815]

(3) Boarding houses, subject to the requirements of § 380-59 of this chapter.

(4) Commercial recreation uses, subject to the requirements of § 380-67 of this chapter.

(5) Convenience stores, as defined herein and subject to the requirements of § 380-69 of this chapter.

(6) Fast-food restaurants, subject to the requirements of § 380-75 of this chapter.

(7) Flea markets, subject to the requirements of § 380-74 of this chapter.

(8) Health, fitness, social, fraternal and other private clubs, subject to the requirements of § 380-82 of this chapter.

(9) Historic structure conversions, subject to the requirements of § 380-86 of this chapter.

(10) Nightclubs, subject to the requirements of § 380-100 of this chapter.

(11) Shopping centers, subject to the requirements of § 380-117 of this chapter, provided that no single use contains more than 10,000 square feet of gross floor area.

(12) Short-term rental, subject to the requirements of § 380-117.1 of this chapter.

[Added 4-12-2022 by Ord. No. 815]

D. Number of uses.

(1) Any number of the uses allowed in this zone are permitted within each existing building, provided the building size and floor area remain the same as it was on the effective date of this chapter and § 380-29 of this chapter shall not apply in this instance.

(2) For new buildings, § 380-29 of this chapter shall apply in this instance.

(3) For existing buildings that are enlarged, the number of uses permitted per building shall be the same number (at least one) that occupied the building on the effective date of this chapter and § 380-29 of this chapter shall not apply in this instance.

E. Lot area, lot width, and lot coverage requirements. See the following table:

	Required Public Utilities	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage (percent)
	Both public sewer and public water	7,000	40	75%

F. Minimum setback requirements (principal and accessory uses).

(1) Front build-to-line. No less than 50% of a principal building's front facade shall be located at or within 10 feet of the front lot line. In addition, such front facades shall include a principal means of pedestrian access from the adjoining sidewalk.

(2) Side yard setbacks. All buildings and structures, off-street parking lots, off-street loading spaces, and outdoor storage and display areas shall be set back at least five feet from the side lot lines, unless joint off-street parking lots and/or off-street loading spaces are shared by adjoining uses. In such instances, the side yard setbacks are eliminated solely to accommodate the shared off-street parking lots and/or off-street loading spaces.

(3) Rear yard setback. All buildings, structures, outdoor storage and display areas, off-street parking lots, and off-street loading spaces shall be set back at least 15 feet from the rear lot line, unless joint off-street parking lots and/or off-street loading spaces are shared by adjoining uses. In such instances, the rear yard setback is eliminated solely to accommodate the shared off-street parking lots and/or off-street loading spaces.

(4) Residential buffer strip. When a use within this Zone abuts property within the LDR, TR or MFR Zones, any area devoted to off-street parking and/or loading shall be screened from said residentially zoned property in accordance with § 380-44 of this chapter.

G. Maximum permitted height: 35 feet. All uses must comply with the Airport Safety Zone contained in § 380-23 of this chapter.

H. Off-street loading spaces. No off-street loading is required for principal uses within this zone. Where provided, all off-street loading shall be located on the side of a building opposite that front facade. Any building used for the loading/unloading of vehicles shall be set back no less than 20 feet from an adjoining alley onto which the garage opens. Off-street loading may be provided on a shared basis with adjoining properties using common loading spaces and access drives.

I. Off-street parking. Except for upper-floor apartments, it is the intent of this zone to accommodate parking needs with unassigned on-street parking spaces. Where provided, all off-street parking shall be located within the side or rear yard. Any garage used for the parking and/or storage of vehicles shall be set back no less than 10 feet from an adjoining alley onto which the garage opens. Off-street parking may be provided on a shared basis with adjoining properties using common parking spaces and access drives.

J. Signs. Signs within this zone shall be limited to flat wall, flat roof, wall-projecting and roof-projecting signs. Signs shall comply with § 380-45 of this chapter.

K. Driveway and access drive requirements. All driveways serving single-family dwellings shall be provided in accordance with § 380-28 of this chapter. All access drives serving other uses shall be in accordance with § 380-24 of this chapter, except that no access drive shall be greater than 22 feet wide.

L. Screening. When a use within this zone abuts property within the LDR, TR or MFR Zones, any area devoted to off-street parking and/or loading shall be screened from said residentially zoned property in accordance with § 380-44 of this chapter.

M. Landscaping. Any portion of the site not used for buildings, structures, off-street parking lots, off-street loading spaces, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 380-44 of this chapter). A minimum ten-foot-wide landscape strip shall be provided along all lot lines. Such landscape strip can be waived for that portion of the site occupied by a joint off-street parking lot and/or off-street loading space area shared by adjoining uses.

N. Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of 15 feet from any adjoining (LDR, TR or MFR) Zone properties. All waste receptacles shall be completely enclosed within a masonry, wood or framed structures with a separate pedestrian access gate/door which is self-closing and another truck access gate that must be kept closed when not in use.

O. Operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal Government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some applicable regulations, see § 380-39 of this chapter.

P. Outdoor storage and display. Outdoor storage is prohibited. One sidewalk display bin for retail merchandise shall be permitted per commercial use along the front facade of the building when adjoining a sidewalk or pedestrian courtyard, provided that such display bin affords sufficient sidewalk width for pedestrians to pass unimpeded. Such bin shall be located against the facade and shall not extend more than four feet perpendicular from it. Display bins shall not exceed an overall length of 15 feet or a length equal to 50% of the adjoining storefront, whichever is the greater distance. Display bins shall not exceed an overall height of three feet and shall only be exhibited during the use's business hours.

Q. General provisions. All uses permitted within this Zone shall also comply with the applicable General Provisions in Article III of this chapter.

R. Sidewalks and pedestrian access. All uses permitted within this zone shall also comply with the applicable sidewalk requirements contained within Chapter 318, Subdivision and Land Development.

S. Architectural and design considerations.

(1) Applicants within the CBD Zone are strongly encouraged to consider incorporating features that promote a cohesive appearance and pedestrian-friendly setting with a distinctive "Main Street" theme. Such contributing elements include but are not limited to, facade designs, wall materials, roof design and materials, window and cornice design and details, lighting fixture, door and sign designs and details.

(2) Front facades of a building should be composed of two or more exterior building materials and contribute to the architectural and aesthetic characteristics of Main Street. Styles and materials on the side and rear facades of each building should relate to the architecture applied to the front facade.

(3) The architectural style of structures should be designed to incorporate facade ornamentation, building offsets, window treatments, variations in roof lines, entry treatments, bays, colonnades, recesses, pilasters, piers, columns or other architectural features.

(4) Front facades greater than 40 feet in length, including separate uses that are attached, should include entrance treatments, bays, offsets, colonnades, recesses, pilasters, piers, columns or other architectural features to break up the storefront facade at regular intervals.

(5) Front facades should have glass, arcades, display windows, entry areas, awnings or false windows along not less than 45% of the front facade's horizontal length.

(6) Each building should have a clearly defined, highly visible customer entrance that connects directly to the sidewalk. Such entrances should include architectural enhancements such as canopies, porticos, overhangs, recessed or projected entrances, raised cornice parapets, peaked roofs, arches, outdoor foyers, patios, display windows, planters, wing walls, landscaped sitting areas, or other architectural details integrated into the building's design.

(7) Rooftop service equipment should be screened from view from an adjoining lot line and street through architectural treatments to roof lines and/or facades themselves. Roof features may include parapets, overhanging eaves, sloping roofs or other similar features.

(8) Exterior spaces for individual uses should have definite discernible boundaries that can be defined by ornate fences, walls, landscaping, and/or architectural configuration of structures themselves. Exterior spaces should abut or connect with the sidewalk but should not encroach upon its public width. Outdoor dining areas may utilize porches, balconies, courtyards, plazas, and/or sidewalk cafe settings. Site amenities, such as decorative lighting, awnings, canopies, tables with chairs, umbrellas, etc., should be provided to facilitate use of exterior spaces.

(9) Awnings and canopies may be provided to add color, provide shelter, and reinforce the entry location. Awnings and canopies should be a minimum of eight feet above the surface of the sidewalk but should maintain a setback of at least five feet from the edge of the adjoining street cartway.

(10) Benches can be provided along the streetside sidewalk for pedestrian comfort and customer convenience. Permanently installed bike racks can be placed close to the main entrance of one or more buildings.

(11) Fences, bollards and walls may be utilized to define courtyards, outdoor dining areas, outdoor sales areas, and pedestrian-oriented spaces, and to screen and separate uses and activities. Unless used for screening purposes, no such fence or wall should exceed four feet in height. The use of chain-link fence is discouraged. No fence or wall shall obstruct safe sight distance at intersections.

§ 380-20 Highway Commercial Zone (HC).

A. Purpose of zone.

(1) This zone acknowledges the commercialization that is occurring along Main Street outside of the Central Business District. This zone provides suitable locations for retail, service, and entertainment businesses. The uses permitted vary widely and some may involve outdoor activities and/or storage areas like automobile, boat and trailer sales, and service establishments. The uses provided in this zone are meant to serve local residents, as well as those motorists passing through in accordance with the Palmyra Area Region Comprehensive Plan.

(2) Access to these areas is provided by adjoining major roads. Specific setbacks and design standards are imposed to promote shared vehicular access and off-street parking lots, enhance public safety through the ready identification of access drives and adjoining travel lanes, ensure protection by orienting outdoor storage and off-street loading spaces away from adjoining residential properties.

B. Uses permitted by right.

(1) Agriculture and horticulture, including one single-family detached dwelling contained on the site, subject to the applicable requirements contained with § 380-15G of this chapter.

(2) Animal hospitals and veterinary offices, provided no outdoor keeping of animals is permitted as defined herein.

(3) Auction houses, excluding automobile auctions subject to the requirements of § 380-53 of this chapter.

(4) Automobile filling stations (including minor incidental repair), subject to the requirements of § 380-56 of this chapter.

(5) Banks and similar financial uses.

(6) Barber, beauty, tanning, and health salons.

(7) Bed-and-breakfasts, subject to the requirements of § 380-57 of this chapter.

(8) Car washes, subject to the requirements of § 380-61 of this chapter.

(9) Caterers, delicatessens, bakeries, ice cream shops, and confectioners.

(10) Churches and related uses, subject to the requirements of § 380-63 of this chapter.

(11) Commercial day-care facilities, subject to the requirements of § 380-65 of this chapter.

(12) Commercial greenhouses.

(13) Convenience stores, as defined herein and subject to the requirements of § 380-69 of this chapter.

(14) Dance, music, art, fashion and photographic studios and galleries.

(15) Dry cleaners, laundries and laundromats, subject to the requirements of § 380-72 of this chapter.

(16) Facilities devoted to entertainment and cultural activities, including but not limited to theaters, playhouses, amphitheaters, concert halls, band shells, recital halls, cinemas, art galleries, libraries, museums, and art, fashion and photographic studios. This use shall expressly exclude off-track betting and/or slot machine parlors, casinos, and adult uses.

(17) Farmers markets, subject to the requirements of § 380-74 of this chapter.

(18) Forestry uses subject to the requirements of §§ 380-14G and 380-77 of this chapter.

(19) Funeral homes, subject to the requirements of § 380-79 of this chapter.

(20) Health, fitness, social, fraternal and other private clubs.

(21) Hotels, motels and similar lodging facilities.

(22) Medical, dental, optical and counseling clinics and offices.

(23) Microbrewery, with or without a brewery pub.

(24) Municipal and governmental uses subject to the requirements of § 380-14G of this chapter.

(25) Offices.

(26) Outpatient health services.

(27) Parks and playgrounds.

(28) Passenger motor and recreational vehicle sales, leasing, service and repair facilities including, but not limited to, auto mechanics, drive-through lubrication services, and tire, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shops, subject to the requirements of § 380-105 of this chapter.

(29) Personal services including: barber and beauty or tanning salons; dry-cleaning and laundry pickup/dropoff facilities; tailors and shore repair shops; and repair of clocks, electronics, computers and small appliances.

(30) Public, private and commercial schools subject to the requirements of § 380-109 of this chapter.

(31) Public utilities structures.

(32) Restaurants, taverns, brewery pubs, excluding fast-food restaurants or nightclubs. Outdoor seating for up to 40 patrons, including awnings, umbrellas, tables and chairs, and trash receptacles are permitted, so long as they are located and operated in a manner that does not interfere with pedestrian or vehicular circulation. All such activities shall be controlled so as not to constitute a nuisance by means of noise and litter.

(33) Retail sales, rental or repair of goods (excluding adult uses).

(34) Shops, offices and showrooms for contractors of painting, power-washing, plumbing, heating, air conditioning, electrical, electronic, telephone, antennas and cable, communications, roofing, flooring, drywall and plaster, basement waterproofing, carpet, countertops, glass and windows, insulation, gutters and downspouts, well drilling and septic system installation, maintenance and pumping, woodworking, carpentry and cabinetmaking, swimming pools, hot tubs and spas, lawn care and landscaping, masonry, concrete and paving, pest control and snow removal.

(35) Single-family detached dwellings including residential accessory uses, subject to the requirements of § 380-16 of this chapter.

(36) Two-family conversion, subject to the requirements of § 380-121 of this chapter.

(37) Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:

(a) Alternative energy production facilities, subject to the requirements of § 380-49 of this chapter.

(b) Fences and walls, subject to the requirements of § 380-76 of this chapter.

(c) Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 380-92 of this chapter.

(d) Ornamental ponds and wading pools, subject to the requirements of § 380-102 of this chapter.

(e) Satellite dish antennas, subject to the requirements of § 380-114 of this chapter.

(f) Signs as defined herein, subject to the requirements of § 380-45 of this chapter.

C. Uses permitted by special exception. [Subject to the review procedures of § 380-139B(2) of this chapter.]

(1) Amusement arcades subject to the requirements of § 380-51 of this chapter.

(2) Amusement, theme and/or zoo parks, subject to the requirements of § 380-52 of this chapter.

(3) Casinos, off-track betting parlors and/or slot machine parlors, subject to the requirements of § 380-62 of this chapter.

(4) Commercial produce operations, as defined herein, subject to the requirements of § 380-66 of this chapter.

(5) Commercial recreation uses, subject to the requirements of § 380-67 of this chapter.

(6) Concentrated animal operations (CAOs) as defined herein, subject to the requirements of § 380-68 of this chapter, and further provided that the applicant provides written evidence of an approval of the applicant's nutrient management plan from the County Conservation District or the Pennsylvania Conservation Commission and the applicant maintains compliance with the Pennsylvania Nutrient Management Act No. 38.[1]

[1] Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

(7) Convention and/or conference centers, subject to the requirements of § 380-70 of this chapter.

(8) Fast-food restaurants, subject to the requirements of § 380-75 of this chapter.

(9) Flea markets, subject to the requirements of § 380-74 of this chapter.

(10) Golf courses and driving ranges, subject to the requirements of § 380-81 of this chapter.

(11) Heavy equipment leasing, rental, sales, service, and/or repair, subject to the requirements of § 380-83 of this chapter.

(12) Historic structure conversions, subject to the requirements of § 380-86 of this chapter.

(13) Home improvement, equipment rental and building supply stores, subject to the requirements of § 380-83 of this chapter.

(14) Mass transit and/or taxicab terminals, subject to the requirements of § 380-95 of this chapter.

(15) Mini-warehouses, subject to the requirements of § 380-99 of this chapter.

(16) Nightclubs, subject to the requirements of § 380-100 of this chapter.

(17) Shopping centers, subject to the requirements of § 380-117 of this chapter.

(18) Short-term rental, subject to the requirements of § 380-117.1 of this chapter.

[Added 4-12-2022 by Ord. No. 815]

D. Lot area, lot width, and lot coverage requirements. See the following table:

	Required Public Utilities	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage (percent)
	Both public sewer and public water	9,000	50	75%1

	NOTES:
	1	The maximum permitted lot coverage can be increased to a maximum of 85% through compliance with the architectural design standards as contained in § 380-20R of this chapter.

E. Minimum setback requirements (principal and accessory uses).

(1) Front yard setback. All buildings, structures, off-street parking lots and outdoor storage and display areas shall be set back a minimum of 10 feet from the street right-of-way.

(2) Side yard setbacks. All buildings and structures, off-street parking lots, off-street loading spaces, and outdoor storage and display areas shall be set back at least 10 feet from the side lot lines, unless joint off-street parking lots and/or off-street loading spaces are shared by adjoining uses. In such instances, the side yard setbacks are eliminated solely to accommodate the shared off-street parking lots and/or off-street loading spaces.

(3) Rear yard setback. All buildings, structures, outdoor storage and display areas, off-street parking lots, and off-street loading spaces shall be set back at least 10 feet from the rear lot line, unless joint off-street parking lots and/or off-street loading spaces are shared by adjoining uses. In such instances, the rear yard setback is eliminated solely to accommodate the shared off-street parking lots and/or off-street loading spaces.

(4) Residential buffer strip. Any lot adjoining land within an LDR, TR, MFR or MU Zone shall maintain a twenty-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage and display areas, from the LDR, TR, MFR or MU Zone parcels. Such areas shall be used for a landscape strip and screen.

F. Maximum permitted height: 35 feet, provided a structure may extend up to 45 feet if such structure is set back a horizontal distance at least equal to its height from each side and/or rear lot line. All uses must comply with the Airport Safety Zone contained in § 380-23 of this chapter.

G. Off-street loading spaces. Off-street loading spaces shall be provided as specified in § 380-37 of this chapter.

H. Off-street parking. Off-street parking shall be provided as specified in § 380-38 of this chapter.

I. Signs. Signs shall be permitted as specified in § 380-45 of this chapter.

J. Access drive requirements. All driveways serving single-family dwellings shall be provided in accordance with § 380-28 of this chapter. All access drives serving other uses shall be in accordance with § 380-24 of this chapter, except that no access drive shall be greater than 24 feet wide.

K. Sidewalks and pedestrian access. All properties shall be required to provide for a safe and convenient system of sidewalks that connect all public areas of the site with the required streetscape sidewalk and/or any other designated pedestrian facility that adjoins or extends onto the site. Such facilities shall comply with Chapter 318, Subdivision and Land Development.

L. Screening. A visual screen must be provided along any adjoining lands within an (LDR, TR, MFR or MU) Zone, regardless of whether or not the (LDR, TR, MFR or MU) Zone property is developed (see § 380-44 of this chapter).

M. Landscaping. Any portion of the site not used for buildings, structures, off-street parking lots, off-street loading spaces, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 380-44 of this chapter). A minimum ten-foot-wide landscape strip shall be provided along all lot lines. Such landscape strip can be waived for that portion of the site occupied by a joint off-street parking lot and/or off-street loading space area shared by adjoining uses.

N. Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of 20 feet from any adjoining (LDR, TR, MFR or MU) Zone properties. All waste receptacles shall be completely enclosed within a masonry, wood or framed structures with a separate pedestrian access gate/door which is self-closing and another truck access gate that must be kept closed when not in use.

O. Operations standards. The applicant shall submit written evidence that all operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal Government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some regulations, refer to § 380-39 of this chapter.

P. Outdoor storage and display. Within this zone, outdoor storage and display is permitted, provided such areas are set back at least 10 feet from the street line and adjoining properties and such areas are set back at least 20 feet and screened from any land within the (LDR, TR, MFR or MU) Zones. Section 380-40 of this chapter lists additional requirements.

Q. General provisions. All uses permitted within this zone shall also comply with the applicable General Provisions in Article III of this chapter.

R. Architectural design standards. Applicants are encouraged to design and construct buildings that complement the Borough's developing landscape. To that effect, the Borough offers an optional set of architectural design standards that are tied with the granting of a density bonus. In this case, applicants may opt to obtain a prescribed increase in permitted lot coverage in return for the use of the following specific architectural design guidelines. A developer desiring to obtain such approval shall, when making application for approval for a land development, also make application for approval under this section. The Borough Council shall consider both requests simultaneously. These optional standards may only be applied to the proposed use upon approval by the Borough Council and written acceptance by the applicant of all requirements of this section and any valid conditions of approval attached by the Borough Council.

(1) Buildings and sites should be designed by qualified architects and constructed and maintained so that they:

(a) Contribute to a cohesive and unified architectural theme upon the site and with neighboring properties within the zone;

(b) Feature prominent customer entrances and exterior pedestrian amenities;

(c) Include architectural details or elements such as windows, colonnades, porches, porticos, columns, pilasters and canopies;

(d) Make use of a combination of wood, brick, metal, stone, concrete masonry split-face block or textured molded block glass stucco exterior wall materials or "exterior insulation and finish systems" (EIFS) as viewed from adjoining streets and properties;

(e) Visually screen heating, ventilation, air conditioning, elevator, or other mechanical appurtenances, from adjoining streets and properties;

(f) Place utilities underground except that junction boxes, transformers and other apparatuses which due to their function require aboveground placement, shall be screened from adjoining roads and properties; and/or

(g) Exceed energy efficiency standards under conventional building code requirements.

(2) The applicant shall submit graphic elevations drawn to scale by an architect registered in the Commonwealth of Pennsylvania depicting compliance with these standards with proposed materials labeled and a corresponding color palette;

(3) In return for compliance with the above-described design standards, the Borough will award an increase in permitted lot coverage up to a maximum of 85% for the proposed use.

(4) Existing uses that desire to incorporate the architectural design standards in return for the increase in permitted lot coverage after the original approval shall require another approval at that time.

(5) Should any part of this Subsection R be declared invalid by the courts, the entire Subsection R shall be automatically repealed.

§ 380-21 Light Industrial Zone (LI).

A. Purpose of zone. This zone provides key locations for a mix of various types of light industries to diversify the region's economy and offer valuable employment opportunities. This zone will principally permit light and small-scale industries as permitted uses but require special exception or special exception approval for larger uses that pose the potential for greater impact. Required lot sizes have been kept small to accommodate the startup industries that are likely to emerge; however, larger industries have also been permitted. These areas have been located near existing public utility service areas, other industrial uses and along major roads. Design standards have been imposed to create attractive site designs and moderate the objectionable impacts associated with industrial uses. Setbacks and screens are used to protect adjoining residences.

B. Uses permitted by right.

(1) Agriculture and horticulture, including one single-family detached dwelling contained on the site, subject to the applicable requirements contained with § 380-14G of this chapter.

(2) Animal hospitals and veterinary offices, provided no outdoor keeping of animals is permitted as defined herein.

(3) Auction houses, excluding automobile auctions subject to the requirements of § 380-53 of this chapter.

(4) Banks and similar financial institutions.

(5) Bookbinding, printing, and publishing operations.

(6) Brewery, with or without a brewery pub.

(7) Car washes, subject to the requirements of § 380-61 of this chapter.

(8) Co-location of communication towers and equipment that comply with the Pennsylvania Wireless Broadband Collocation Act,[1] subject to all applicable requirements contained therein or as subject to the requirements of § 380-64 of this chapter.

[1] Editor's Note: See 53 P.S. § 11702.1 et seq.

(9) Commercial day-care facilities, subject to the requirements of § 380-65 of this chapter.

(10) Commercial greenhouses.

(11) Dance, music, art, fashion and photographic studios and galleries.

(12) Forestry uses subject to the requirements of §§ 380-14G and 380-77 of this chapter.

(13) Health, fitness, social, fraternal and other private clubs.

(14) Laboratories for medical, scientific, or industrial research and development.

(15) Machine, tool and die, and metal fabrication shops;

(16) Manufacturing, packaging, storage and/or wholesaling of the following:

(a) Furniture, cabinets, plumbing, heating, air conditioning, ventilation and electrical fixtures, ceramic, stone, vinyl, fiberglass and linoleum tiles, carpets and rugs, windows, doors, insulation, ceiling and roofing tiles, household appliances, finished lumber and other household appointments;

(b) Scientific, medical, optical, specialized, and technical instruments and equipment;

(c) Audiovisual components, computers, vending machines, electronic equipment, software and video games;

(d) Office equipment, supplies, furnishings, and equipment;

(e) Packaging materials, supplies and equipment;

(f) Finished textile products;

(g) Cosmetics, drugs, dyes, toiletries, perfumes and other pharmaceuticals;

(h) Brushes, brooms, and combs;

(i) Hot tubs, spas, saunas, and swimming pools;

(j) Jewelry, and other precious or semiprecious metals and stones;

(k) Photographic, lighting, and timekeeping equipment;

(l) Hand tools, hardware, power tools and small engine equipment and vehicles, including but not limited to lawn mowers, chain saws, compressors, power-washing equipment, motorcycles, and outboard boat motors;

(m) Musical instruments, sporting equipment, bicycles and toys; and

(n) Small or novelty products from prepared materials (excluding the use of sheet metals).

(17) Medical, dental, optical and counseling clinics and offices.

(18) Municipal and governmental uses, subject to the requirements of § 380-14G of this chapter.

(19) Offices.

(20) Parks and playgrounds.

(21) Passenger motor and recreational vehicle sales, leasing, service and repair facilities, including but not limited to auto mechanics, drive-through lubrication services, and tire, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shops, subject to the requirements of § 380-105 of this chapter.

(22) Personal services including: barber and beauty or tanning salons; dry-cleaning and laundry pickup/dropoff facilities; tailors and shoe repair shops; and repair of clocks, electronics, computers and small appliances.

(23) Processing, packaging, bottling, storage and/or wholesaling of food products excluding:

(a) Pickling processes;

(b) Rendering or slaughtering operations; and

(c) Sugar refineries.

(24) Public, private and commercial schools, subject to the requirements of § 380-109 of this chapter.

(25) Public utilities structures.

(26) Repair shops for products permitted to be manufactured in this zone.

(27) Restaurants, taverns, brewery pubs, excluding drive-through or fast-food restaurants or nightclubs. Outdoor restaurant cafes, including awnings, umbrellas, tables and chairs, and trash receptacles are permitted, so long as they are located and operated in a manner that does not interfere with pedestrian or vehicular circulation. All such activities shall be controlled so as not to constitute a nuisance by means of noise and litter.

(28) Sales, storage and/or wholesaling of the following:

(a) Home and auto-related fuels;

(b) Nursery and garden materials, and stock;

(c) Ready-mix concrete;

(d) Contractor supplies; and

(e) Plumbing, heating, air conditioning, electrical, and other structural components of buildings.

(29) Shops, offices and showrooms for contractors of painting, power-washing, plumbing, heating, air conditioning, electrical, electronic, telephone, antennas and cable, communications, roofing, flooring, drywall and plaster, basement waterproofing, carpet, countertops, glass and windows, insulation, gutters and downspouts, well drilling and septic system installation, maintenance and pumping, woodworking, carpentry and cabinetmaking, swimming pools, hot tubs and spas, lawn care and landscaping, masonry, concrete and paving, pest control and snow removal.

(30) Sign makers.

(31) Small engine repair shops.

(32) Vocational, technical and mechanical trade schools.

(33) Welding shops.

(34) Accessory uses customarily incidental to the above permitted uses, including accessory retail sales of products produced on-site so long as the sales area is no more than 10% of the total building area or 3,000 square feet, whichever is less:

(a) Alternate energy production facilities, subject to the requirements of § 380-49 of this chapter.

(b) Athletic fields and courts and recreation facilities.

(c) Fences and walls, subject to the requirements of § 380-76 of this chapter.

(d) Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 380-92 of this chapter.

(e) Ornamental ponds and wading pools subject to the requirements of § 380-102 of this chapter.

(f) Recycling collection facilities as an accessory use, provided such facilities are sufficiently enclosed to prevent the scattering of debris, the materials collected are removed at regular intervals, the facility is posted to prohibit the disposal of any material, good or furnishing that cannot be placed within the actual recycling bin, and the total size of the facility is less than 300 square feet.

(g) Satellite dish antennas, subject to the requirements of § 380-114 of this chapter.

(h) Signs as defined herein, subject to the requirements of § 380-45 of this chapter.

C. Uses permitted by special exception. ]Subject to the review procedures of § 380-139B(2) of this chapter.]

(1) Commercial produce operations, as defined herein, subject to the requirements of § 380-66 of this chapter.

(2) Commercial recreation uses, subject to the requirements of § 380-67 of this chapter.

(3) Concentrated animal operations (CAOs) as defined herein, subject to the requirements of § 380-68 of this chapter, and further provided that the applicant provides written evidence of an approval of the applicant's nutrient management plan from the County Conservation District or the Pennsylvania Conservation Commission and the applicant maintains compliance with the Pennsylvania Nutrient Management Act No. 38.[2]

[2] Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

(4) Convention and/or conference centers subject to the requirements of § 380-70 of this chapter.

(5) Farmers and/or flea markets, subject to the requirements of § 380-74 of this chapter.

(6) Golf courses and driving ranges, subject to the requirements of § 380-81 of this chapter.

(7) Heavy equipment leasing, rental, sales, service, and/or repair, subject to the requirements of § 380-83 of this chapter.

(8) Home improvement, equipment rental and building supply stores, subject to the requirements of § 380-87 of this chapter.

(9) Mass transit and/or taxicab terminals, subject to the requirements of § 380-95 of this chapter.

(10) Mini-warehouses, subject to the requirements of § 380-99 of this chapter.

(11) Nightclubs, subject to the requirements of § 380-100 of this chapter.

(12) Power-generation facilities, subject to the requirements of § 380-106 of this chapter.

(13) Recycling facilities for electronics, paper, plastic, glass and metal products, subject to the requirements of § 380-110 of this chapter.

(14) Warehousing and wholesale trade establishments, subject to the requirements of § 380-122 of this chapter.

(15) Short-term rental, subject to the requirements of § 380-117.1 of this chapter.

[Added 4-12-2022 by Ord. No. 815]

D. Lot area, lot width, and lot coverage requirements. See the following table:

	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage (percent)
	20,000	100	75%1

	NOTES:
	1	The maximum permitted lot coverage can be increased to a maximum of 85% through compliance with the architectural design standards as contained in § 380-21R of this chapter.

E. Minimum setback requirements (principal and accessory uses).

(1) Front yard setback. All buildings, structures, off-street parking lots and outdoor storage and display areas shall be set back a minimum of 10 feet from the street right-of-way.

(2) Side yard setbacks. All buildings and structures, off-street parking lots, off-street loading spaces, and outdoor storage and display areas shall be set back at least 10 feet from the side lot lines, unless joint off-street parking lots and/or off-street loading spaces are shared by adjoining uses. In such instances, the side yard setbacks are eliminated solely to accommodate the shared off-street parking lots and/or off-street loading spaces.

(3) Rear yard setback. All buildings, structures, outdoor storage and display areas, off-street parking lots, and off-street loading spaces shall be set back at least 10 feet from the rear lot line, unless joint off-street parking lots and/or off-street loading spaces are shared by adjoining uses. In such instances, the rear yard setback is eliminated solely to accommodate the shared off-street parking lots and/or off-street loading spaces.

(4) Residential buffer strip. Any lot adjoining land within an (LDR, TR, MFR or MU) Zone shall maintain a twenty-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage and display areas, from the (LDR, TR, MFR or MU) Zone parcels. Such areas shall be used for a landscape strip and screen.

F. Height requirements. The maximum permitted height is 35 feet provided a structure may extend up to 45 feet if such structure is set back a horizontal distance at least equal to its height from each side and/or rear lot line. All uses must comply with the Airport Safety Zone contained in § 380-23 of this chapter.

G. Off-street loading spaces. Off-street loading spaces shall be provided as specified in § 380-37 of this chapter.

H. Off-street parking. Off-street parking shall be provided as specified in § 380-38 of this chapter.

I. Signs. Signs shall be permitted as specified in § 380-45 of this chapter.

J. Access drive requirements. All access drives shall be in accordance with § 380-24 of this chapter.

K. Sidewalks and pedestrian access. All properties shall be required to provide for a safe and convenient system of sidewalks that connect all public areas of the site with the required streetscape sidewalk and/or any other designated pedestrian facility that adjoins or extends onto the site. Such facilities shall comply with Chapter 318, Subdivision and Land Development.

L. Screening. A visual screen must be provided along any adjoining lands within an (LDR, TR, MFR or MU) Zone, regardless of whether or not the (LDR, TR, MFR or MU) Zone property is developed (see § 380-44 of this chapter).

M. Landscaping. Any portion of the site not used for buildings, structures, off-street parking lots, off-street loading spaces, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 380-44 of this chapter). A minimum ten-foot-wide landscape strip shall be provided along all lot lines. Such landscape strip can be waived for that portion of the site occupied by a joint off-street parking lot and/or off-street loading space area shared by adjoining uses.

N. Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of 20 feet from any adjoining (LDR, TR, MFR or MU) Zone properties. All waste receptacles shall be completely enclosed within a masonry, wood or framed structures with a separate pedestrian access gate/door which is self-closing and another truck access gate that must be kept closed when not in use.

O. Operations standards. The applicant shall submit written evidence that all operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal Government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some regulations, refer to § 380-39 of this chapter.

P. Outdoor storage and display. Within this zone, outdoor storage and display is permitted, provided all such areas are screened from adjoining roads and properties, and they comply with all of those setbacks specifically imposed thereon, listed in this section. The outdoor storage and display areas for vehicles sales need not be screened from adjoining roads. Section 380-40 of this chapter lists additional requirements.

Q. General provisions. All uses permitted within this zone shall also comply with the applicable General Provisions in Article III of this chapter.

R. Architectural design standards. Applicants are encouraged to design and construct buildings that complement the Borough's developing landscape. To that effect, the Borough offers an optional set of architectural design standards that are tied with the granting of a density bonus. In this case, applicants may opt to obtain a prescribed increase in permitted lot coverage in return for the use of the following specific architectural design guidelines. A developer desiring to obtain such approval shall, when making application for approval for a land development, also make application for approval under this section. The Borough Council shall consider both requests simultaneously. These optional standards may only be applied to the proposed use upon approval by the Borough Council and written acceptance by the applicant of all requirements of this section and any valid conditions of approval attached by the Borough Council.

(1) Buildings and sites should be designed by qualified architects and constructed and maintained so that they reflect the historic vernacular architecture and:

(a) Contribute to a cohesive and unified architectural theme upon the site and with neighboring properties within the zone;

(b) Feature prominent customer entrances and exterior pedestrian amenities;

(c) Include architectural details or elements such as windows, colonnades, porches, porticos, columns, pilasters and canopies;

(d) Make use of a combination of wood, brick, metal, stone, concrete masonry split-face block or textured molded block glass stucco exterior wall materials or "exterior insulation and finish systems" (EIFS) as viewed from adjoining streets and properties;

(e) Visually screen heating, ventilation, air conditioning, elevator, or other mechanical appurtenances, from adjoining streets and properties;

(f) Place utilities underground except that junction boxes, transformers and other apparatuses which due to their function require aboveground placement, shall be screened from adjoining roads and properties;

(g) Exceed energy efficiency standards under conventional building code requirements; and/or,

(h) Incorporate green rooftops as defined herein.

(2) The applicant shall submit graphic elevations drawn to scale by an architect registered in the Commonwealth of Pennsylvania depicting compliance with these standards with proposed materials labeled and a corresponding color palette;

(3) In return for compliance with the above-described design standards, the Borough will award an increase in permitted lot coverage up to a maximum of 85% for the proposed use.

(4) Existing uses that desire to incorporate the architectural design standards in return for the increase in permitted lot coverage after the original approval shall require another approval at that time.

(5) Should any part of this Subsection R be declared invalid by the courts, the entire Subsection R shall be automatically repealed.

§ 380-22 Heavy Industrial Zone (HI).

A. Purpose of zone.

(1) This zone provides key locations for a mix of various both light and heavier industries to diversify the region's economy and offer valuable employment opportunities. This zone will principally permit light and small-scale industries as permitted uses but require special exception or special exception approval for larger uses that pose the potential for greater impact. This zone also specifically accommodates mining and related processing operations.

(2) Required lot sizes have been kept small to accommodate the startup industries that are likely to emerge; however, larger industries have also been permitted. These areas have been located near existing public utility service areas, other industrial uses and along major roads. Design standards have been imposed to create attractive site designs and moderate the objectionable impacts associated with industrial uses. Substantial setbacks are used to protect adjoining residences.

B. Uses permitted by right.

(1) Agriculture and horticulture, including one single-family detached dwelling contained on the site, subject to the applicable requirements contained with § 380-14G of this chapter.

(2) Animal hospitals and veterinary offices, provided no outdoor keeping of animals is permitted as defined herein.

(3) Auction houses, excluding automobile auctions subject to the requirements of § 380-53 of this chapter.

(4) Banks and similar financial institutions.

(5) Bookbinding, printing, and publishing operations.

(6) Brewery, with or without a brewery pub.

(7) Car washes, subject to the requirements of § 380-61 of this chapter.

(8) Co-location of communication towers and equipment that comply with the Pennsylvania Wireless Broadband Collocation Act,[1] subject to all applicable requirements contained therein or as subject to the requirements of § 380-64 of this chapter.

[1] Editor's Note: See 53 P.S. § 11702.1 et seq.

(9) Commercial day-care facilities, subject to the requirements of § 380-65 of this chapter.

(10) Commercial greenhouses.

(11) Forestry uses, subject to the requirements of §§ 380-14G and 380-77 of this chapter.

(12) Health, fitness, social, fraternal and other private clubs.

(13) Laboratories for medical, scientific, or industrial research and development.

(14) Machine, tool and die, and metal fabrication shops.

(15) Manufacturing, packaging, storage and/or wholesaling of the following:

(a) Furniture, cabinets, plumbing, heating, air conditioning, ventilation and electrical fixtures, ceramic, stone, vinyl, fiberglass and linoleum tiles, carpets and rugs, windows, doors, insulation, ceiling and roofing tiles, household appliances, finished lumber and other household appointments;

(b) Scientific, medical, optical, specialized, and technical instruments and equipment;

(c) Audiovisual components, computers, vending machines, electronic equipment, software and video games;

(d) Office equipment, supplies, furnishings, and equipment;

(e) Packaging materials, supplies and equipment;

(f) Finished textile products;

(g) Cosmetics, drugs, dyes, toiletries, perfumes and other pharmaceuticals;

(h) Brushes, brooms, and combs;

(i) Hot tubs, spas, saunas, and swimming pools;

(j) Jewelry, and other precious or semiprecious metals and stones;

(k) Photographic, lighting, and timekeeping equipment;

(l) Hand tools, hardware, power tools and small engine equipment and vehicles, including but not limited to lawn mowers, chain saws, compressors, power washing equipment, motorcycles, and outboard boat motors;

(m) Musical instruments, sporting equipment, bicycles and toys; and

(n) Small or novelty products from prepared materials (excluding the use of sheet metals).

(16) Medical, dental, optical and counseling clinics and offices.

(17) Municipal and governmental uses, subject to the requirements of § 380-14G of this chapter.

(18) Offices.

(19) Outpatient health services.

(20) Parks and playgrounds.

(21) Passenger motor and recreational vehicle sales, leasing, service and repair facilities, including but not limited to auto mechanics, drive-through lubrication services, and tire, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shops, subject to the requirements of § 380-105 of this chapter.

(22) Personal services including: barber and beauty or tanning salons; dry-cleaning and laundry pickup/dropoff facilities; tailors and shore repair shops; and repair of clocks, electronics, computers and small appliances.

(23) Processing, packaging, bottling, storage and/or wholesaling of food products, excluding:

(a) Pickling processes;

(b) Rendering or slaughtering operations; and

(c) Sugar refineries.

(24) Public utilities structures.

(25) Repair shops for products permitted to be manufactured in this zone.

(26) Restaurants, taverns, brewery pubs, excluding drive-through or fast-food restaurants or nightclubs. Outdoor restaurant cafes, including awnings, umbrellas, tables and chairs, and trash receptacles are permitted, so long as they are located and operated in a manner that does not interfere with pedestrian or vehicular circulation. All such activities shall be controlled so as not to constitute a nuisance by means of noise and litter;

(27) Sales, storage and/or wholesaling of the following:

(a) Home and auto-related fuels;

(b) Nursery and garden materials, and stock;

(c) Ready-mix concrete;

(d) Contractor supplies; and

(e) Plumbing, heating, air conditioning, electrical, and other structural components of buildings.

(28) Satellite dish antennas, subject to the requirements of § 380-114 of this chapter.

(29) Shops, offices and showrooms for contractors of painting, power-washing, plumbing, heating, air conditioning, electrical, electronic, telephone, antennas and cable, communications, roofing, flooring, drywall and plaster, basement waterproofing, carpet, countertops, glass and windows, insulation, gutters and downspouts, well drilling and septic system installation, maintenance and pumping, woodworking, carpentry and cabinetmaking, swimming pools, hot tubs and spas, lawn care and landscaping, masonry, concrete and paving, pest control and snow removal.

(30) Sign makers.

(31) Small engine repair shops.

(32) Vocational, technical and mechanical trade schools.

(33) Welding shops.

(34) Accessory uses customarily incidental to the above permitted uses, including accessory retail sales of products produced on-site, so long as the sales area is no more than 10% of the total building area or 3,000 square feet, whichever is less:

(a) Alternate energy production facilities, subject to the requirements of § 380-49 of this chapter.

(b) Athletic fields and courts and recreation facilities.

(c) Fences and walls, subject to the requirements of § 380-76 of this chapter.

(d) Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 380-92 of this chapter.

(e) Ornamental ponds and wading pools, subject to the requirements of § 380-102 of this chapter.

(f) Recycling collection facilities as an accessory use, provided such facilities are sufficiently enclosed to prevent the scattering of debris, the materials collected are removed at regular intervals, the facility is posted to prohibit the disposal of any material, good or furnishing that cannot be placed within the actual recycling bin, and the total size of the facility is less than 300 square feet.

(g) Satellite dish antennas, subject to the requirements of § 380-114 of this chapter.

(h) Signs as defined herein, subject to the requirements of § 380-45 of this chapter.

C. Uses permitted by special exception. [Subject to the review procedures of § 380-139B(2) of this chapter.]

(1) Adult uses, subject to the requirements of § 380-48 of this chapter.

(2) Airports and heliports, subject to the requirements of § 380-50 of this chapter.

(3) Auction houses, excluding automobile auctions, subject to the requirements of § 380-53 of this chapter.

(4) Automobile and/or animal racing facilities with or without related wagering, subject to the requirements of § 380-54 of this chapter.

(5) Automobile auctions and storage yards, subject to the requirements of § 380-55 of this chapter.

(6) Billboards, subject to the requirements of § 380-58 of this chapter.

(7) Campgrounds, subject to the requirements of § 380-60 of this chapter.

(8) Commercial produce operations, as defined herein, subject to the requirements of § 380-66 of this chapter.

(9) Commercial recreation uses, subject to the requirements of § 380-67 of this chapter.

(10) Concentrated animal operations (CAOs) as defined herein, subject to the requirements of § 380-68 of this chapter, and further provided that the applicant provides written evidence of an approval of the applicant's nutrient management plan from the County Conservation District or the Pennsylvania Conservation Commission and the applicant maintains compliance with the Pennsylvania Nutrient Management Act No. 38.[2]

[2] Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

(11) Convention and conference centers, subject to the requirements of § 380-70 of this chapter.

(12) Farmers and/or flea markets, subject to the requirements of § 380-74 of this chapter.

(13) Freestanding communication antennas, towers and equipment, subject to the requirements of § 380-78 of this chapter.

(14) Golf courses and driving ranges, subject to the requirements of § 380-81 of this chapter.

(15) Heavy equipment leasing, rental, sales, service, repair and warehousing, subject to the requirements of § 380-83 of this chapter.

(16) Heavy industrial uses that involve any of the following, subject to the requirements of § 380-84 of this chapter:

(a) The production and processing of asphalt and asphalt products, bricks, cement and cement blocks, tar and other synthetic paving and masonry-like materials;

(b) The production and processing of chemicals, dyes, solvents, fertilizers, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black, bone black, creosote, hydrogen, oxygen, pharmaceutical and industrial alcohol, nitrates, potash, plastic and synthetic resins, pyroxylin, rayon, and hydrochloric, nitric, picric and sulfuric acids;

(c) The production, processing and/or refining of matches, fuels and explosives, including but not limited to, gasoline, kerosene, ethanol, coal, coke, naphtha, natural gas, oil (natural and synthetic), lubricating oil, charcoal and other fuel briquettes, and other similar materials;

(d) The aboveground bulk storage of oil, gasoline or other similar combustible liquids;

(e) The production, processing and/or distillation of gelatin, glue, soap, starch and other plant and animal by-products not associated with food processing;

(f) The production and processing of linoleum, oil cloth, paint, varnish, turpentine, vinyl, rubber (natural and synthetic) and other similar materials;

(g) The production and processing of glass and glass products;

(h) A metal foundry, reduction, refinishing, smelting, alloying and/or refining operation;

(i) The milling or processing of flour or grain;

(j) The production and/or assembly of passenger vehicles and heavy equipment and manufactured homes; and

(k) Any operation of assembly, conversion, distribution, manufacture, production, processing, storage, warehousing and/or wholesaling of goods, materials and products not listed in § 380-21B and C of this chapter.

(17) Helicopter pad, private, subject to the requirements of § 380-85 of this chapter.

(18) Home improvement, equipment rental and building supply stores, subject to the requirements of § 380-87 of this chapter.

(19) Hospitals and related uses subject to the requirements of § 380-89 of this chapter.

(20) Junkyards, subject to the requirements of § 380-90 of this chapter.

(21) Kennels, subject to the requirements of § 380-91 of this chapter.

(22) Mass transit and/or taxicab terminals, subject to the requirements of § 380-95 of this chapter.

(23) Methadone treatment facilities, subject to the requirements of § 380-97 of this chapter.

(24) Mining, quarrying and related processing operations, subject to the requirements of § 380-98 of this chapter.

(25) Mini-warehouses, subject to the requirements of § 380-99 of this chapter.

(26) Nightclubs, subject to the requirements of § 380-100 of this chapter.

(27) Outdoor shooting ranges, subject to the requirements of § 380-14 of this chapter.

(28) Power-generation facilities, subject to the requirements of § 380-106 of this chapter.

(29) Principal waste handling, recycling, processing, transfer and disposal facilities, subject to the requirements of § 380-107 of this chapter.

(30) Recycling facilities for electronics, paper, plastic, glass and metal products, subject to the requirements of § 380-110 of this chapter.

(31) Riding stables, subject to the requirements of § 380-112 of this chapter.

(32) Sawmills, subject to the requirements of § 380-115 of this chapter.

(33) Septage and spent mushroom compost processing and/or commercial mushroom operations, subject to the requirements of § 380-116 of this chapter.

(34) Slaughtering, processing, rendering and packaging of food products and their byproducts, subject to the requirements of § 380-118 of this chapter.

(35) Truck or motor freight terminals, subject to the requirements of § 380-119 of this chapter.

(36) Truck stops, subject to the requirements of § 380-120 of this chapter.

(37) Warehousing and wholesale trade establishments, subject to the requirements of § 380-122 of this chapter.

(38) Wind and solar farms, subject to the requirements of § 380-123 of this chapter.

(39) Short-term rental, subject to the requirements of § 380-117.1 of this chapter.

[Added 4-12-2022 by Ord. No. 815]

D. Lot area, lot width, and lot coverage requirements. See the following table:

	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage (percent)
	20,000	100	85%

E. Minimum setback requirements (principal and accessory uses).

(1) Front yard setback. All buildings, structures, off-street parking lots and outdoor storage and display areas shall be set back a minimum of 10 feet from the street right-of-way.

(2) Side yard setbacks. All buildings and structures, off-street parking lots, off-street loading spaces, and outdoor storage and display areas shall be set back at least 10 feet from the side lot lines, unless joint off-street parking lots and/or off-street loading spaces are shared by adjoining uses. In such instances, the side yard setbacks are eliminated solely to accommodate the shared off-street parking lots and/or off-street loading spaces.

(3) Rear yard setback. All buildings, structures, outdoor storage and display areas, off-street parking lots, and off-street loading spaces shall be set back at least 10 feet from the rear lot line, unless joint off-street parking lots and/or off-street loading spaces are shared by adjoining uses. In such instances, the rear yard setback is eliminated solely to accommodate the shared off-street parking lots and/or off-street loading spaces.

(4) Residential buffer strip. Any lot adjoining land within an (LDR, TR, MFR or MU) Zone shall maintain a twenty-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage and display areas, from the (LDR, TR, MFR or MU) Zone parcels. Such areas shall be used for a landscape strip and screen.

F. Height requirements. The maximum permitted height is 35 feet, provided a structure may extend up to 45 feet if such structure is set back a horizontal distance at least equal to its height from each side and/or rear lot line. All uses must comply with the Airport Safety Zone contained in § 380-23 of this chapter.

G. Off-street loading spaces. Off-street loading spaces shall be provided as specified in § 380-37 of this chapter.

H. Off-street parking. Off-street parking shall be provided as specified in § 380-38 of this chapter.

I. Signs. Signs shall be permitted as specified in § 380-45 of this chapter.

J. Access drive requirements. All access drives shall be in accordance with § 380-24 of this chapter.

K. Sidewalks and pedestrian access. All properties shall be required to provide for a safe and convenient system of sidewalks that connect all public areas of the site with the required streetscape sidewalk and/or any other designated pedestrian facility that adjoins or extends onto the site. Such facilities shall comply with Chapter 318, Subdivision and Land Development.

L. Screening. A visual screen must be provided along any adjoining lands within an (LDR, TR, MFR or MU) Zone, regardless of whether or not the (LDR, TR, MFR or MU) Zone property is developed (see § 380-44 of this chapter).

M. Landscaping. Any portion of the site not used for buildings, structures, off-street parking lots, off-street loading spaces, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 380-44 of this chapter). A minimum ten-foot-wide landscape strip shall be provided along all lot lines. Such landscape strip can be waived for that portion of the site occupied by a joint off-street parking lot and/or off-street loading space area shared by adjoining uses.

N. Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of 20 feet from any adjoining (LDR, TR, MFR or MU) Zone properties. All waste receptacles shall be completely enclosed within a masonry, wood or framed structures with a separate pedestrian access gate/door which is self-closing and another truck access gate that must be kept closed when not in use.

O. Operations standards. The applicant shall submit written evidence that all operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal Government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some regulations, refer to § 380-39 of this chapter.

P. Outdoor storage and display. Within this zone, outdoor storage and display is permitted, provided all such areas are screened from adjoining roads and properties, and they comply with all of those setbacks specifically imposed thereon, listed in this section. The outdoor storage and display areas for vehicles sales need not be screened from adjoining roads. Section 380-40 of this chapter lists additional requirements.

Q. General provisions. All uses permitted within this zone shall also comply with the applicable General Provisions in Article III of this chapter.

§ 380-23 Airport Safety Zone.

A. Purpose of zone.

(1) The Pennsylvania State Aviation Code and Federal Aviation Regulation No.77 require the limitation of building and structural height in "airport hazard areas."

(2) Areas contained within Palmyra Borough have been identified as being within the "airport hazard area" for the Reigle Airport as defined in the Pennsylvania Aviation Code,[1] and require special height controls.

[1] Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.

(3) These height restrictions are aimed at preventing the erection of structures that would interfere with, or obstruct, normal airplane approaches or airport operations. Such interference or obstruction would pose a threat to the health, safety, welfare, and convenience to residents of the Borough, as well as passengers aboard airport aircraft.

(4) The Airport Safety Zone is used to impose needed height restrictions as an overlay zoning district, thereby enhancing public safety, and minimizing disruption of existing zoning policies.

B. Lands in zone defined. The Borough's Airport Safety Zone 3 includes areas depicted on the Reigle Airport Safety Zone Map (attached)[2] that are contained within Palmyra Borough. This area includes outlying areas contained within the Reigle Airport Hazard Area. These area allow the erection of structures up to the maximum permitted structural height specified with each zone; however, any extension above these specified heights is carefully reviewed prior to permit approval.

[2] Editor's Note: The Reigle Airport Safety Zone Map is included at the end of this section.

C. Relationship to other sections. The Airport Safety Zone 3 represents an overlay zone that is only concerned with permitted heights. The underlying zone shall prescribe all other zoning related standards and uses which shall be imposed upon any lands within the Borough. In those instances where the Airport Safety Zone prescribes a height restriction different than that imposed by the underlying zone, the most restrictive standard shall apply.

D. Regulations within the Airport Safety Zone 3.

(1) Any proposed use involving structural height up to and including 35 feet shall be permitted by right.

(2) Any proposed use involving structural height above 35 feet shall require the following before a zoning permit can be issued by the Zoning Officer.

(3) The applicant shall provide a written "no hazard" finding from the Pennsylvania Bureau of Aviation or FAA for the structure height proposed.

(4) Should the Zoning Officer be unable to determine the proposed use's compliance with this chapter, the zoning permit shall be denied. The applicant may then appeal the Zoning Officer's decision in accordance with Article VI of this chapter.

E. Variances to Airport Safety Zone 3. No variances to the height limitations set forth in Federal Aviation Regulation No. 77 will be granted by the Zoning Hearing Board without express written consent thereto from the Federal Aviation Administration, such consent to be obtained by the applicant. In addition, the applicant shall notify the Pennsylvania Department of Transportation (PennDOT) of its intent to request a permit or any variances; such notification shall be in written form and sent so as to reach the Pennsylvania Department of Transportation (PennDOT) at least 10 days before the application is to be submitted.