City of Lebanon, PA
Lebanon County
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Table of Contents
Table of Contents
[Ord. 27-1986, 87, passed 10-27-1986]
The schedule of regulations entitled "Schedule Governing the Lot Area, and Bulk Requirements of Permitted Uses" found in Appendix "A" of this Zoning Ordinance is hereby declared to be a part of this Zoning Ordinance.
The regulations listed for each zone as designated, reading from left to right across the Schedule, are hereby prescribed for such zones, subject to the other provisions of this Zoning Ordinance and shall be deemed to be the minimum requirements in every instance of their application, unless otherwise stated.
[Ord. 27-1986, 87, passed 10-27-1986; Ord. 17-1990, 91 § 1, passed 4-23-1990]
For the purpose of this Zoning Ordinance, the City is divided into the following nine zones:
RLD
Residential Low Density
RMD
Residential Medium Density
RHD
Residential High Density
CA
Auto-Oriented Commercial
CBD
Central Business District
CN
Neighborhood Commercial
OI
Office and Institutional
ML
Light Manufacturing
MH
Heavy Manufacturing
MR
Municipal Recreation
[Ord. 27-1986, 87, passed 10-27-1986]
The boundaries of these zones are established on a map entitled "Zoning Map for the City of Lebanon", which map accompanies and is declared to be a part of this Zoning Ordinance. Map changes and amendments shall be made in accordance with the provisions of Article 1309.
[Ord. 27-1986, 87, passed 10-27-1986; Ord. 17-1990, 91 § 1, passed 4-23-1990]
(a) 
RLD Residential Low Density. The regulations of this district are designed to promote, provide for and protect single family residences in harmony with the existing uses and physical attributes of the City.
(b) 
RMD Residential Medium Density. The regulations of this district are designed to preserve the integrity of existing neighborhoods while offering a variety of housing alternatives consistent with area lot sizes and uses.
(c) 
RHD Residential High Density. The regulations of this district are designed to provide for a wide range of housing types in harmony with existing conditions where Municipal services, commercial facilities and other urban amenities are most readily available.
(d) 
CN Commercial Neighborhood. Within any large scale neighborhood, there exists a need for certain commercial facilities to fulfill the immediate needs of the persons living therein. These needs are thus provided for by the establishment of various CD Districts throughout the City, primarily for the residents of the surrounding residential districts.
(e) 
CA Commercial Auto-Oriented. This district is designed to facilitate commercial enterprises which are definitely enhanced by proximity to a major thoroughfare, are associated with automobile shopping and are not particularly compatible with a retail business or a Commercial Neighborhood District.
(f) 
CBD Central Business District. This district is designed solely to enhance the quality of central Lebanon as a coherent, centralized, retail shopping entity. Only those kinds of uses which offer the consumer goods and services appropriate in a Central Business District atmosphere and which enhance the total attractiveness of the center of Lebanon shall be permitted.
(g) 
OI Office Institutional. The regulations of this district are designed primarily to facilitate office and institutional uses and to provide a transition zone between the central business district, the manufacturing districts and the residential districts. In essence, this is a zone for a wide variety of uses, normally indigenous to urban areas, which are compatible among themselves, but do not necessarily fit into any other zoning districts.
(h) 
ML Manufacturing-Light. It is the purpose of this zone to establish industrial areas which are or may become integral with established residential neighborhoods, thus recognizing the City's long established industrial pattern of land use. Performance standards and other regulations are designed to protect residential valuations, to effect a desirable transition between industrial and other uses, and to promote a high order of industrial development.
(i) 
MH Manufacturing-Heavy. It is the purpose of this zone to provide areas suitable for the use of industry and related uses with controls necessary for insuring sound industrial development. Industrial types in these areas would include manufacturing, assembling and fabrication activities, including large scale or specialized industrial operations.
(j) 
MR Municipal Recreation. To preserve, maintain and enhance the natural environment of those areas which are recreational in character through conservation of natural resources and carefully controlled development and to protect those areas from potentially adverse influences.
Each use or structure hereafter established, erected or altered in this district shall cause no excessive noises, fumes, odor, dust or electrical interference.
Each use or building shall not cause overcrowding of land, shall provide for fire safety and protection, and shall adequately provide for water supply, sewage disposal, drainage and parking.
[Ord. 27-1986, 87, passed 10-27-1986]
Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
(a) 
Boundaries indicated as approximately following the center lines of streets, highways or marginal access streets shall be construed to follow such center lines.
(b) 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(c) 
Boundaries indicated as approximately following City limits shall be construed as following such City limits.
(d) 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(e) 
Boundaries indicated as parallel to, or extensions of features indicated in subsections (a) through (d) hereof shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the Map; and
(f) 
Where a district boundary line divides a lot which was in single ownership prior to the adoption of this Zoning Ordinance, the Zoning Hearing Board may permit, as a special exception, the extension of the regulations, for either portion of the lot, but not to extend 50 feet beyond the district line into the remaining portion of the lot.
[Ord. 27-1986, 87, passed 10-27-1986]
The status of uses per each zoning district are contained in the table that follows in Section 1321.07. Those uses permitted by right are designated by the letter "P". Those uses permitted by special exception are designated by the letter "E". Those uses permitted by specific condition are designated by the letter "C". Standards for permitted uses are contained in Schedule B. Standards for special exception uses are contained in Section 1321.08. Standards for specific condition uses are contained in Section 1321.09.
[Ord. 27-1986, 87, passed 10-27-1986; Ord. 17-1990, 91 § 1, passed 4-23-1990; Ord. 65-1990, 91 § 1, passed 6-24-1991; Ord. 8-1998, 99 § 4, 5, passed 6-22-1998; Ord. 19-2014, 15, passed 4-27-2015; Ord. 14-2016, 17, passed 3-27-2017]
Zoning Districts
RLD
RMD
RHD
CA
CBD
CN
OI
ML
MH
MR
(a)
Residential and Related Uses
(1)
Single-family dwelling
P
P
P
P
P
(2)
Two-family dwelling (duplex)
P
P
P
P
(3)
Semidetached dwelling
P
P
P
P
(4)
Row house (townhouse or attached dwelling)
P
P
P
P
(5)
Multifamily apartment house
E
P
C
P
P
P(*1)
(6)
Conversion apartment dwellings
C
C
C(*1)
(7)
Boardinghouse and/or rooming house
C
C
(8)
Mobile home park
C
C
(9)
Hotel
P
P
P
P
(10)
Motel
P
(11)
Churches and similar places of worship
P
P
P
P
P
P
(12)
Kindergarten, day-care center, elementary and high schools, municipal buildings, public parks and playgrounds
E
E
E
P
P
(13)
Operations involving the use of buildings and land for farming, nurseries, dog kennels and animal hospitals
C
(14)
Home occupations
C
C
C
C
(15)
Customary accessory uses and buildings incidental to any of the above- permitted uses
P
P
P
P
P
P
(16)
Recreation areas and structures operated by membership clubs for the benefit of their members
E
E
E
E
(17)
Cemeteries, hospitals, clinics and nursing or convalescent homes
E
E
E
P
(18)
Golf courses and country clubs
E
(19)
Commercial swimming pools
E
E
E
E
(20)
Condominiums
E
E
E
E
E
E
E
E(*1)
(21)
Offices and other facilities used in the distribution of television, radio, telegraphic and telephonic signals to residential structures
P
(22)
Group home
P
P
P(*1)
(23)
Personal care home
P
P
(24)
Emergency shelters
P
P
(25)
Institutions of higher learning, municipal buildings and public parks
P
(b)
Commercial Uses (Retail)
(1)
Appliances
C
P
P
P
C
P
(2)
Artist and hobby supplies
C
P
P
P
C
P
(3)
Beer and liquor stores
P
P
P
(4)
Candy
C
P
P
P
C
P
(5)
Clothing
C
P
P
P
C
P
(6)
Computer sales
C
P
P
P
C
P
(7)
Department store
P
P
P
(8)
Drugstore
P
P
P
P
(9)
Flowers and plants
C
P
P
P
C
P
(10)
Garden supplies
C
P
P
P
C
P
(11)
Gift shops
C
P
P
P
C
P
(12)
Grocery
C
P
P
P
C
P
(13)
Household appliances
P
P
P
(14)
Household furnishings
P
P
P
(15)
Jewelry shops
C
P
P
P
(16)
Newspapers, books and stationery
C
P
P
P
C
P
(17)
Pottery and ceramics
C
P
P
P
C
P
(18)
Restaurant
C
P
P
P
C
P
(19)
Sporting goods
C
P
P
P
C
P
(20)
Take-out restaurant
C
P
P
P
C
P
C
(21)
Tobacco
C
P
P
P
C
P
(22)
Video
C
P
P
P
C
P
(c)
Commercial Uses (Services)
(1)
Amusement enterprises: movie theaters, playhouses, arenas, bowling alleys, dance halls, and similar recreation establishments
P
P
P
P
(2)
Automobile dealerships
P
P(*1)
(3)
Automobile service and filling stations
P
C
P(*1)
(4)
Banks and other financial institutions
P
P
P
P
P
(5)
Barber and beauty shop/school
C
P
P
P
C
P
(6)
Car washes
P
P(*1)
(7)
Commercial garages
P
P
P
P(*1)
P
(8)
Commercial parking facilities
E
P
P
P
P
P
(9)
Drive-in movie
P
(10)
Dry cleaning
C
P
P
P
C
P
(11)
Laundries and dry cleaners and pickup
C
P
P
P
C
P
(12)
Laundromat
P
P
P
C
P
(13)
Lumber and fuel distribution yards
P
P
P
(14)
Medical and dental clinics and laboratories
P
P
P
P
(15)
Mortuary and undertaking establishments
P
P
(16)
Offices: professional and business
C
P
P
P
P
P
P
(17)
Photographic studio
C
P
P
P
C
P
(18)
Printing and publishing
C
P
P
P
C
P
P
(19)
Repair shops, body shops, parts centers and supply centers
P
P
(20)
Shoe repair
C
P
P
P
C
P
(21)
Shops for contractors, plumbing, heating, printing, upholstering, etc.
P
P
(22)
Tailors
C
P
P
P
C
P
(23)
Transportation terminals
P
P
P
P
(24)
Day reporting center
E
(d)
Manufacturing Uses (Services)
(1)
Warehousing and wholesaling establishments and storage yards, not including junkyards
P(*2)
P
(2)
Railroad, trucking, busing and other transit facilities, including storage, repair and transfer operations
P(*3)
P
(3)
Moving and storage facilities
P
P
(4)
Public utility installations
E
E
E
E
E
P
P
(5)
Junkyards
E
(6)
Research, assembly, processing, manufacturing or industrial use
C(*4)
C
(e)
Municipal recreation uses.
(1)
Amphitheaters, band shells and playhouses;
(2)
Community fairs, festivals and similar activities which are sponsored by nonprofit community organizations;
(3)
Concerts;
(4)
Picnicking;
(5)
Public family entertainments;
(6)
Public swimming pools; tennis courts, ballfields and related sporting activities;
(7)
Use of the park and/or park facilities for charitable purposes on a temporary basis for any use within the broad scope of entertainment.
FOOTNOTES:
*(1)
Use not permitted in the Partridge Street Redevelopment Area.
*(2)
Warehousing and wholesaling is permitted. Storage yards, including junkyards, are not permitted in the Partridge Street Redevelopment Project Area.
*(3)
Railroad, trucking, busing and other transit facilities permitted. Storage, repair and transfer operations are not permitted in the Partridge Street Redevelopment Area.
*(4)
Research permitted. Assembly, processing, manufacturing or industrial uses are not permitted in the Partridge Street Redevelopment Area.
[Ord. 27-1986, 87, passed 10-27-1986; Ord. 65-1990, 91 § 1, passed 6-24-1991]
(a) 
Purpose. The following standards are intended to provide the Zoning Hearing Board with a guide for the purposes of reviewing certain uses not otherwise permitted in specific zones except under restrictions of this article.
(b) 
Procedure. An applicant for a special exception shall, if required, submit to the Zoning Officer, proposed site plans together with his application. Such site plans shall contain such information as may be required to enable the Zoning Officer and the Board to properly evaluate the submission.
(c) 
Zoning Hearing Board approval. Special exceptions may be authorized by the Board only in accordance with this article and upon satisfaction in each instance of such conditions as to general character, height and use of structure, the provisions of surrounding open space and treatment of the grounds, and as to street capacity and use, as, in the opinion of the Board, may be necessary to safeguard public health, comfort and convenience, and as may be required for the preservation of the general character of the neighborhood in which such building is to be placed or such use is to be conducted.
(d) 
Use standards. The following standards shall be considered minimum requirements and no special exception shall be issued for these uses, within the specified zones, unless these standards are met to the satisfaction of the Board. (Site plans shall be submitted for all uses listed below).
(1) 
Schools and educational institutions.
A. 
The minimum lot area for schools shall meet the requirements of the Pennsylvania Department of Education.
B. 
Schools and educational institutions shall provide yard areas sufficient to conform to the general character of the area in which they are proposed to be located. There shall be no maximum building coverage requirement.
C. 
Off-street parking requirements of this Zoning Ordinance may be increased or decreased if, in the judgment of the Board, such consideration as the unavailability of public transportation, the distance from centers of population, or a relatively high percentage of pupils driving their own cars make such requirements desirable.
D. 
Illumination for night athletic activities shall be shielded from view from adjoining street and residential areas.
E. 
Buffer strips shall be provided as required by the Zoning Hearing Board.
(2) 
Cemeteries, hospitals, clinics, nursing or convalescent homes, religious and philanthropic institutions.
A. 
A statement setting forth full particulars on the operation to be conducted within the structure shall be filed with the Board by the applicant and the Board shall determine whether such structure or use will serve a useful purpose to the general welfare of the City and will not be detrimental to surrounding property and provided they do not have an adverse effect on the area due to noise, dirt, odor or traffic circulation.
B. 
Lot area sufficient to meet the needs of the particular type of institution shall be provided. No structure shall be erected nearer than 50 feet of a right of way line; and all other requirements as set forth in this Zoning Ordinance for the zone in which it is to be located shall be observed.
C. 
Buffer strips shall be provided as required by the Board.
(3) 
Golf courses and country clubs, lodges or social buildings and recreation areas.
A. 
A statement setting forth full particulars on the operation of the use and a copy of the Articles of Incorporation if a corporation, shall be filed with the Board.
B. 
The proposed use shall be a nonprofit organization operated principally for the recreation and enjoyment of the members of such organization and their guests.
C. 
The proposed use shall not adversely affect the safe and comfortable enjoyment of properties in the neighborhood and the design of any structures erected in connection with such use shall be in keeping with the general character of the area.
D. 
Buffer strips shall be provided as required by the Board.
(4) 
Public utility installations.
A. 
A statement setting forth the need and purpose of the installation shall be filed with the Board by the applicant.
B. 
Proof shall be furnished to the Board that the proposed installation in the location specified is necessary for the convenient and efficient operation of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
C. 
The design of any structure or use in connection with such facility shall conform to the general character of the neighborhood in which it is proposed to be located and will not adversely affect the safe and comfortable enjoyment of properties in the neighborhood in which it is located.
D. 
Buffer strips shall be provided as required by the Board.
(5) 
Commercial parking facility (lot or structure).
A. 
The facility is to be used only for the parking of passenger automobiles.
B. 
The facility is not to be used for sales, long term storage, repair work or servicing of any kind.
C. 
Entrance to and exit from the facility are to be located so as to insure the protection of the character of the area.
D. 
No advertising sign may be located on the facility other than those signs relating to the principal use conducted on the premises.
E. 
All parking is to be kept back of the setback line by barrier unless specifically authorized by the Board.
F. 
The parking facility shall be adequately screened from the street and adjoining properties as may be deemed necessary by the Board. All lighting shall be arranged to eliminate glare on adjoining properties.
G. 
Such other conditions as may be deemed necessary by the Board to protect the character of the area.
(6) 
Multi-family dwellings in the RMD Zone.
A. 
Minimum area, yard and building requirements:
Lot area: 15,000 square feet
Lot width: 120 feet
Front yard: 30 feet
Rear yard: 35 feet
Side yards: 25 feet each
Maximum height: 38 feet
Maximum building coverage: 25%
Minimum lot area per unit: 5,000 square feet
B. 
Off-street parking - two spaces per dwelling unit.
(7) 
Day care centers.
A. 
A statement setting forth full particulars on the operation to be conducted within the structures, and to include the approvals of the Pennsylvania Departments of Health, Labor and Industry, State and Public Welfare, Human Relations Commission as well as to Title VI of the Civil Rights Act of 1964, shall be filed with the Board.
B. 
The Board shall determine whether such structure or use will not be detrimental to surrounding property and the design of any structures erected in connection with such use shall be in keeping the general character of the area, and such lot shall meet the requirements of the available zone as set forth in the Schedule Governing the Lot Area and Bulk Requirements of Permitted Uses in Nonresidential Uses.
C. 
Buffer strips shall be provided as required by the Board.
(8) 
Condominium dwellings: new construction. Provided that:
A. 
The requirements of Section 1307.07 are met.
B. 
In addition to the requirements set forth in Section 1307.07, the following shall be met:
1. 
Water and sewage installed according to City specifications;
2. 
Storm drainage installed according to City specifications;
3. 
Installations of streets according to City specifications;
4. 
The density shall be no greater than seven equivalent dwelling units per acre, using the total area of the tract, and any existing units which are to remain, to compute the number;
5. 
The minimum front, side and rear yard requirements as forth in this article;
6. 
The minimum size of any lot to be granted this special exception shall be four acres; and
7. 
A plan of development is submitted with the written application for special exception.
(9) 
Condominium conversions.
A. 
Intent of section. Recognizing that the conversion of existing multi-family residential structures to condominium usage presents unique problems with respect to the requirements of this Code, the City has determined that specific criteria shall be met in order to ensure the integrity of the property and protect the health, safety and welfare of City residents. The term condominium as defined in this subsection includes cooperative dwelling units provided they meet all the requirements herein.
It is the desire of the Planning Commission to ameliorate any negative effects of the conversion of apartments to condominiums by establishing such criteria for evaluating proposals for such conversion.
It is the intent of this subsection to not only establish standards for the conversion of existing multi-family rental housing to condominiums, but also to ensure that converted housing achieves a high standard of appearance, quality and safety, and is in good condition without hidden needs for maintenance and repair. These criteria are also intended to ensure a reasonable balance of rental and ownership housing in the City and to maintain an adequate supply of rental housing for low and moderate income residents.
B. 
Requirements. In addition to the Pennsylvania Uniform Condominium Act and other applicable laws, conversions of existing rental housing to condominiums shall be subject to the additional requirements of this subsection.
1. 
The developer shall show evidence of an Agreement of Understanding which shall be used to obligate future owners to an Association which shall be responsible for the maintenance of common areas, sanitation service, landscaping and maintenance of grounds and the structural integrity of the building.
2. 
Each dwelling unit shall be equipped with:
(A) 
Utilities.
a. 
Separate sewer service connection;
b. 
Separate water service meter and shut-off valve;
c. 
Separate gas service with meter and shut-off valve;
d. 
Separate electrical service with meter and disconnect;
e. 
Separate heating system; and
f. 
Separate hot water heater and supply.
Note that common utility systems may be utilized if the developer can demonstrate, and the Planning Commission finds, that adequate service is provided and stipulations for the common provision and payment of such services are made in the Agreement of Understanding to be entered into by purchasers.
(B) 
Fire safety.
a. 
Two-hour fire rated assembly construction for common floors, ceilings and/or walls.
b. 
Smoke detector installation shall be hard-wired and interconnected.
(C) 
Sound attenuation - adequate sound transmission resistance.
a. 
Shock mounting of mechanical equipment. All permanent mechanical equipment, such as motors, compressors, pumps and compactors, which are determined by the Building Inspector to be a source of structural vibration or structure-borne noise, shall be shock mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the Building Inspector.
b. 
Noise mitigation and energy conservation. Energy conservation insulation shall be installed in all heated or cooled buildings, including common ownership structures used for assembly purposes in accordance with the applicable City Building Code, as amended, and in effect on the date building permits are issued for condominium conversion rework. Common walls and common floor ceiling between units shall be constructed to meet a sound transmission coefficient (STC) rating of 50 or higher.
(D) 
Site requirements.
a. 
Off-street parking.
i. 
Two spaces per dwelling unit.
ii. 
Off-street parking shall be permitted in a required side or rear yard provided that no impermeable surface, other than the access drive to said parking, is placed within five feet of any adjoining property line.
b. 
Site plan.
i. 
A site plan shall be provided which shows the location of all buildings, parking and other improvements. The percent of open space shall be shown relative to all impervious surface. Existing and proposed vegetation shall be shown.
ii. 
The site plan shall show the location of sanitary sewer and water connections to the public systems.
c. 
Condominium conversions shall meet any and all requirements of the City's existing building and construction codes, as amended, and in effect on the date building permits are issued.
d. 
To the extent that any condominium conversion proposed is situated on a property for which prior variances for construction were granted such variances shall remain in effect. However, if the proposal includes any changes to the property which are not consistent with prior variances or this subsection (d)(9), additional variance requests shall be filed as they apply.
e. 
For structures containing three or more stories, a second internal means of egress shall be provided.
f. 
Emergency lighting shall be provided pursuant to applicable local building code requirements.
g. 
All exits and access to corridors and stair towers shall comply with applicable building requirements pertaining to fire separation, doors and door hardware.
h. 
In order to maintain an adequate supply of rental housing for the low and moderate income residents of the City, the developer shall show that the conversion of the structure shall not significantly affect the rental housing stock. The City has determined that in order to provide housing options on a continuous basis to this population, a rental vacancy rate of 5% of all units should be maintained. Therefore, the developer shall present statistically supportable information that the proposed conversion shall not reduce the available stock of rental units to below 5% of what is available at the time of the conversion.
In no case shall the conversion involve an increase in the density of the existing structure (that is the number of condominium units shall not be greater than the number of existing apartments).
(10) 
Day reporting center.
[Added by Ord. 14-2016, 17, passed 3-27-2017]
A. 
The parking area shall be adequately screened from the street and adjoining properties as may be deemed necessary by the Board. The parking area shall be adequately lit and shall be arranged to eliminate glare on adjoining properties.
B. 
If there is no designated smoking area inside the facility, then there shall be a screened designated smoking area at the rear of the building.
C. 
The entrance into the facility shall be adequately illuminated to enhance public safety.
D. 
Buffer strips which may require landscaping, screen plantings, or dense screen plantings shall be provided as required by the Zoning Hearing Board.
[Ord. 27-1986, 87, passed 10-27-1986; Ord. 17-1990, 91 § 1, passed 4-23-1990]
(a) 
Purpose. It is the purpose of this section to provide standards for specific uses which may be permitted in specified zones if it can be demonstrated, to the satisfaction of the Zoning Officer, that the proposed use shall meet the standards set forth.
(b) 
Use standards. The following standards shall be considered minimum requirements and no zoning permit shall be issued for the indicated uses, within the specified zones, unless these standards are met.
(1) 
Mobile home park.
A. 
A mobile home park or subdivision shall contain a minimum of 10 acres.
B. 
Maximum density in a mobile home park and subdivision shall be 10 units per acre.
C. 
Regardless of lot size, the side yard distances measured from the outside of each mobile home to the lot line shall not be less than 20 feet in total and no one side yard distance less than eight feet. Front and rear yards shall not be less than 20 feet and, in no case, shall the distance between any two mobile homes be less than 20 feet.
D. 
All streets, roads and driveways in a mobile home park or subdivision shall be paved with an all-weather surface approved by the City Engineer at least 20 feet wide.
E. 
Each mobile home in a mobile home park shall have at least one paved parking space sufficient in size for at least one automobile. The spaces may be provided in a common parking area with the mobile home park, not necessarily individual spaces on individual lots.
F. 
Each parking space in a mobile home park or subdivision shall abut on a park driveway, with access to such driveway. Access to all parking spaces shall be from the driveways and not from public streets or highways.
(2) 
Conversion apartment dwellings. The conversion of any building, including single-family dwellings to two or more dwelling units, may be permitted in the specified zones provided:
A. 
The maximum number of dwelling units after conversion is limited to four, except in the RMD zone where conversions are limited to two;
B. 
Each dwelling unit, after conversion, shall contain within the unit a complete kitchen, toilet and bathing facility, separate heating system and separate electric meter;
C. 
The area of the lot upon which the conversion located contains at least 2,000 square feet for each dwelling unit after conversion;
D. 
Each dwelling unit shall have a minimum habitable floor area according to the following table:
Number of Bedrooms
Square Feet
1
650
2
850
3
1,000
E. 
No efficiency dwelling units shall be permitted;
F. 
No exterior structural alteration of the structure may be made except as may be necessary for safety or for improved access. The requirements for building coverage and the minimum front, side and rear yard setbacks shall be met. The appearance of a single-family dwelling unit shall be maintained for the converted structure. Necessary changes in the number or placement of windows to provide adequate light and air will be allowed, but shall be minimized; any changes which occur shall be of one manner consistent with the architectural character of the dwelling;
G. 
In the CBD zone, conversions are only permitted above the first floor above a permitted commercial use on the first floor. If the upper floor of a building contains a residential dwelling unit, no nonresidential use shall be permitted on that floor;
H. 
In buildings three stories or more, a second internal means of egress shall be provided to the building;
I. 
Except for parking in driveways, no parking spaces shall be located in the front yard. Parking areas shall be designed so that each vehicle has access to the street without the necessity of moving another vehicle. All newly constructed driveways and parking spaces shall be set back a minimum of five feet from all property lines. Except for driveway and walkway accesses, buffering shall be placed around off-street parking areas which contain three or more spaces. Plant material or fences shall be used. Material used in screen planting shall be multi-stemmed evergreen species and shall be at least three feet in height when planted. The plant material shall produce a visual screen of at least four feet in height within two years. Fences shall be four to five feet in height and shall provide a visual screen. Off-street parking shall be provided according to the following table and all areas shall be covered with macadam or concrete:
1-2 family
2 spaces per unit
3 or more
2 spaces per unit
Boarding and rooming houses
1 space per 5 rooms plus 1 space for the resident owner or resident manager of the property;
J. 
Garbage, refuse and recycling pickup and other utility areas shall be provided and shall be located so as not to detract from the aesthetic character of the neighborhood and shall be enclosed and shielded from view by fencing, walls, or shrubbery of at least five feet in height around the perimeter;
K. 
Private water and sewer services shall be provided by the developer;
L. 
Basement or cellar dwelling units shall be permitted only if all exterior walls of the dwelling unit are at least four feet above the average finished grade level of the adjoining ground;
M. 
All conversions shall meet current BOCA regulations; grandfathering in any respect shall be prohibited.
[Amended by Ord. 33-1994, 95, § 1, passed 2-27-1995]
(3) 
Multi-family apartment house. In the CBD Zone:
A. 
Above the first story;
B. 
Provided the first story is utilized for one or more of the other permitted uses in the CBD District;
C. 
Garbage and refuse pickup and other multi-family utility areas shall be provided and shall be located so as not to detract from the aesthetic character of the development and shall be enclosed and shielded from view by fencing, wall or shrubbery of at least five feet in height around the perimeter.
(4) 
Operations involving the use of buildings and land for farming, nurseries, dog kennels and animals hospitals.
A. 
No building in which livestock, other than customary household pets, is kept shall be closer than 200 feet to any adjoining lot line.
B. 
No storage of manure or odor or dust producing substances or material shall be permitted within 200 feet of any adjoining lot line.
(5) 
Home occupations. Any gainful occupation conducted by a member of the immediate family owning and residing on the premises may use parts of a dwelling for a home occupation, provided that the following conditions are met and a permit is issued by the Zoning Officer:
A. 
Such occupation shall be clearly incidental or secondary to the use of the property as a residence and the use of the dwelling shall not change the character thereof or show any exterior evidence of such secondary use other than one small nameplate as provided in Section 1323.04(e)(1)C..
B. 
Home occupations shall be limited to the employment of not more than one assistant. An assistant is not to be construed as an additional independent operator or professional, but rather shall be clearly an auxiliary helper such as a secretary or a receptionist.
C. 
The home occupation shall be conducted wholly within the dwelling and shall not occupy more than 25% of the area of the first floor nor more than 400 square feet. An accessory building may also be utilized for home occupation purposes provided the 400 square feet provision is maintained.
D. 
All parking shall be off-street and two off-street spaces shall be provided in addition to that required of the residence unit. Off-street parking would be excluded for those occupations that do not, in the opinion of the Zoning Officer, produce goods or provide services that would generate vehicular traffic.
E. 
Any home occupation which may create objectionable noise, fumes, odor, dust, electrical interference or more than normal residential traffic shall be prohibited.
(6) 
Commercial uses. All commercial retail and service uses which may be permitted under specific conditions in specified zones provided:
A. 
The first floor area shall be no larger than 800 square feet, except that any grocery store over 800 square feet can be permitted as a special exception; and
B. 
No traffic congestion is likely to be incurred.
(7) 
Take-out restaurants.
A. 
Take-out restaurants shall only be designed to accommodate walk-up trade.
(8) 
Automobile service and filling stations.
A. 
Repair work shall be restricted to that of a minor nature only, that is general maintenance and repairs for Pennsylvania State inspection, not body work or major engine overhauling, and it shall be performed within an enclosed building.
B. 
All gasoline pumps shall be located outside of the building on private property and in no case within 25 feet of any property line.
C. 
All automobile parts, dismantled and derelict vehicles and similar articles shall be stored only within an enclosed building.
D. 
All fuel, oil or similar substances shall be stored at least 35 feet from any street or lot line to comply with the City Fire Code.
E. 
The building itself shall be constructed so as to blend harmoniously with the surrounding residential neighborhoods.
(9) 
Research, assembly and manufacturing uses (ML Zone).
A. 
All proposed uses shall provide documentation, to the satisfaction of the Zoning Officer, that the proposed use will be in conformance with the performance standards listed below. In the event any use fails to meet the performance standards after a certificate of zoning ordinance compliance is issued, the Zoning Officer may, after proper notice, require that the use be terminated within 60 days, unless the use can be corrected to satisfactorily meet the performance standards listed below.
B. 
No use shall be established, maintained or conducted so that the same will cause:
1. 
Dissemination of smoke, fumes, gas, dust, odor or any atmospheric pollutant;
2. 
Discharge any waste material whatsoever into any watercourse except in accordance with all applicable governmental requirements;
3. 
Dissemination of glare or vibration beyond the immediate building or site in which such use is conducted; or
4. 
Physical hazard by reason of fire, explosion, radiation or similar cause to property in the same or adjacent zones.
(10) 
Manufacturing assembly, processing or industrial use.
A. 
All proposed uses shall provide documentation, to the satisfaction of the Zoning Officer, that the proposed use will be in conformance with the performance standards listed below. In the event any use fails to meet the performance standards after a certificate of zoning ordinance compliance is issued, the Zoning Officer may, after proper notice, require that the use be terminated within 60 days, unless the use can be corrected to satisfactorily meet the performance standards listed below:
1. 
Smoke, Dust, Dirt and Fly Ash. Smoke, dust, dirt and fly ash shall not exceed the limits set by State and City Air Pollution Codes.
2. 
Odor. The emission of obnoxious odors of any kind shall not be permitted.
3. 
Gases. No gas shall be emitted which is deleterious to the public health or safety.
4. 
Glare. Arc welding, acetylene torch cutting or similar processes that produce glare shall be performed within an enclosed building or shall be screened from view from any point beyond the property line.
5. 
Vibration. No use shall cause earth vibrations or concussions detectable beyond its property lines, without the aid of instruments, with the exception of that vibration produced as a result of construction activity.
6. 
Fire and safety hazard. The storage of crude oil or any of its volatile products or other highly inflammable liquids in aboveground tanks shall be in accordance with City and State regulations. The permitted manufacture or storage of explosive or poisonous gases shall be in accordance with City and State regulations.
The storage, baling or treatment of rags, wastes, scrap paper or similar materials shall be in an enclosed masonry building, no part of which may be located closer than 50 feet from any property line.
(11) 
Rooming and boarding houses.
A. 
Rooming houses/boarding houses shall be spaced at least 400 feet in all directions from other rooming houses/boarding houses so as not to impact or adversely affect any particular neighborhood.
B. 
Every rooming house/boarding house licensed prior to February 28, 1995, shall comply with the minimum standards set forth by Sections 1903.01 to 1903.04 of the Codified Ordinances, and every rooming house/boarding house licensed on or after February 28, 1995, shall comply with the minimum standards set forth by Sections 1905.01 to 1905.03 and 1905.99 of the Codified Ordinances.
C. 
Kitchen facilities shall be permitted within individual rooms limited to a refrigerator and a microwave oven.
[Amended by Ord. 32-1994, 95 § 1, passed 2-27-1995]