[Ord. 206, 4/15/1957, § 4]
1.
In order to regulate, designate, control and restrict the location,
and occupancy use of land, buildings or structures for trade, industry
and other purposes, and the location, use and occupancy of all buildings
or other structures designed, erected, altered, reconstructed or occupied
for specified uses, the Borough of Liberty is hereby divided into
three use districts, which shall be known as:
2.
The location and boundaries of the said use districts are hereby
established as shown on the Zoning District Map bearing the number
and date of this chapter, and the signature of the Borough Engineer
and the Secretary of Council, bearing the Borough seal, which Zoning
District Map is hereby declared to be a part hereof. The boundaries
of districts shall be as shown by heavy solid lines on the Zoning
District Map. A district boundary shown within a street or way shall
be construed to be in the center thereof, and shall remain a boundary
if the street or way is vacated unless the boundary is changed by
an amending ordinance. Where a district boundary is not within a street
or way and its location is not precisely indicated by dimensioned
distances from known lines, and where the designation on the Zoning
District Map indicates such district boundary (A) upon or approximately
upon the boundary line of a recorded lot or separate parcel of land,
the district boundary shall be construed to be said line of recorded
lot or parcel of land; (B) other than as stated in Subsection 1A,
its location shall be determined by use of the scale of the map.
3.
Except as herein otherwise provided no building structure or land
shall hereafter be erected, reconstructed, altered, use or occupied
for any purpose other than is herein permitted in the use district
in which said building, structure or land is located.
4.
In case of mixed occupancy regulations for each use shall apply to
the portion of the building or structure or land so used.
[Ord. 206, 4/15/1957, § 5; as amended by Ord. 261,
11/20/1963, § 1; by Ord. 280, 9/20/1966, § 1;
by Ord. 336, 11/6/1977, § 1; and by A.O.]
1.
In the Commercial District there shall be applied the regulations
prescribed in this section and the qualifying regulations prescribed
in other sections and supplementary regulations:
A.
Permitted Uses. In this district, land and structures may be used,
and structures may be erected, altered or enlarged, for only the uses
listed in this section provided that:
(1)
All merchandise and products shall be sold only at retail, unless
otherwise stated hereunder.
(2)
There may be manufacture, compounding, processing or treatment
of products which is clearly incidental and essential to a retail
store or business, only when the major portion of such products is
to be sold at retail on the premises.
(3)
Such uses, operations or products are not noxious or offensive
by reason of the emission of odor, dust, smoke, gas, vibration, noise
or other similar causes.
(a)
Permitted uses are:
1)
Amusement enterprise, including a bowling alley, dance hall,
boxing arena, and the like, provided it is within 300 feet of property
in a residence district, same shall be conducted wholly within a completely
enclosed building.
2)
Art or antique shop.
3)
Auditorium.
4)
Automobile and trailer sales and supply business; provided,
that any sales area is located and developed as required in supplementary
regulations hereinafter appearing.
5)
Bake shop.
6)
Barber shop.
7)
Baths, turkish and the like.
8)
Beauty shop.
9)
Beverages, retail or wholesale distribution of.
10)
Bicycle rental or repair.
11)
Blueprinting, photostating and the like.
12)
Business college or private school operated as
a commercial enterprise.
13)
Catering service.
14)
Cleaning of only wearing apparel, using nonexplosive
and noninflammable cleaning fluid.
15)
Clinic or laboratory, medical or dental.
16)
Clothes pressing and repair.
17)
Club.
18)
Custom dressmaking, millinery and tailoring.
19)
Day nursery.
20)
Department store.
21)
Drive-in business (other than drive-in theater)
where persons are served in automobiles, such as refreshment stands,
restaurants, food stores and the like.
22)
Feed store.
23)
Film exchange.
24)
Financial institution.
25)
Frozen food storage, excluding wholesale storage.
26)
Funeral home or mortuary.
27)
Furniture and furnishings, sale of.
28)
Hospital for small animals (dogs, cats, and the
like) including kennel, provided yards are enclosed.
29)
Hotel.
30)
Ice, sale of, storage not more than 5 tons capacity.
31)
Interior decorating business.
32)
Laundry agency or cleaning agency, hand laundry,
and laundry operated by customers such as launderette, laundromat,
and the like.
33)
Library.
34)
Museum.
35)
Music conservatory or studio.
36)
News and magazine sales.
37)
Nursery, flower or plant, provided that all incidental
equipment and supplies, including fertilizer and supply cans, are
kept within a building.
38)
Office appliance and supply business.
39)
Office, professional or business.
40)
Out-patient clinic, independently operated.
41)
Park, public or nonprofit.
42)
Pawnshop.
43)
Pets, including birds, sale of.
44)
Photographer's studio, photo supplies.
45)
Plumbing and heating and electrical business, not
involving sheet metal work, if conducted completely within an enclosed
building.
46)
Printing, minor or job.
47)
Public utility structures, facilities and installations
for electricity, gas, oil, steam, telegraph, telephone (including
telephone exchange building), and water, provided that these uses:
(i) do not involve storage areas; (ii) do not consist of overhead
power lines supported by metal towers; (iii) do not include railroads.
48)
Radio or television broadcasting station, not including
broadcasting towers and antennas.
49)
Repairs, electrical or other household appliances,
radios, and the like, shoes, or timepieces.
50)
Restaurant.
51)
School.
52)
Second-hand goods, sale of, if conducted wholly
within a completely enclosed building.
53)
Shops or stores for the sale of books, beverages,
confections, drugs, dry goods, flowers, foodstuffs, gifts, hardware,
household appliances, jewelry, notions, periodicals, radios and the
like, stationery, sundry small household articles, tobacco, or wearing
apparel.
54)
Sign painting, if conducted wholly within a completely
enclosed building.
55)
Studio, artist's.
56)
Tire sale and repair business, if conducted wholly
within a completely enclosed building.
57)
Theater or cinema, except drive-in theater.
58)
Upholstering and minor repair of furniture and
home or office furnishings, if business is conducted wholly within
a completely enclosed building.
59)
Wholesale merchandise brokerage, with storage limited
to samples.
61)
Signs, as prescribed in supplementary regulations.
63)
The following light industrial uses shall be permitted only as a special exception by the Zoning Hearing Board under § 27-1203, Subsection 3, with the conditions hereinafter set forth:
a)
Machine shop.
b)
Fabricating plants.
c)
Cabinet manufacture and woodworking shop.
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The above light industrial uses shall only be permitted by the
Board when the following conditions are met:
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i.
Such business shall be conducted wholly within a
completely enclosed building.
ii.
In such commercial districts that adjoin residential
districts, such business shall not be operated after 11:00 p.m. and
before 7:00 a.m.
iii.
Transportation of materials to and from said business
shall be conducted in such a manner as to not obstruct traffic on
public streets. Facilities must be provided for loading and unloading
on the premises and in such a manner so that the same would not be
visible to adjacent residences.
iv.
There shall be no storage or parking for any extended
length of time of commercial vehicles on that portion of the premises
adjacent to a residential district.
v.
The building housing the operation shall be constructed
in such a way as to eliminate noise of the business operation, so
that the same would not bother persons residing in adjacent residential
districts.
vi.
The building shall be constructed of such fireproofing
materials, or such fire control apparatus shall be installed as to
minimize the danger of fire spreading to adjacent residential district.
vii.
Heat and ventilating systems that might be installed
shall be installed in such a manner as to avoid noise, smoke and fumes
being carried to the adjacent residential areas.
viii.
Such other conditions as the Board may feel and
find, as a matter of fact, to be necessary for the protection of the
health, welfare, morals and safety of the community.
64)
A dwelling of a type permitted in the "A" Residence District shall be permitted by special exception allowed by the Board under Part 12 where the Board finds such residential use is located so as to provide an adequate residential environment considering, but not limited to, such factors as noise, traffic and availability of services. The area requirements for each such residential use shall conform to the "Second Area District" requirements specified in § 27-503. Height requirements shall conform to the height requirements for "A" Residential Districts in § 27-401, Subsections 2 and 3. Parking requirements shall conform to the requirements in Part 7.
Such other uses which may be noxious or offensive by reason
of emission of odor, dust, smoke, gas, vibration or noise or which
may be inconsistent with the primary use of property in this Borough
as an industrial and residential community are hereby prohibited and
specifically excluded in the Commercial District.
[Ord. 206, 4/15/1957, § 6; as amended by Ord. 261,
11/20/1963, § 2]
1.
Within any "A" Residence District, no building, structure or premises
shall be used or arranged or designed to be used, except for one or
more of the following uses:
A.
Permitted Uses.
(1)
A detached dwelling for only one family or for one housekeeping
unit.
(2)
A detached dwelling for two families or two housekeeping units.
(3)
Duplex or double house.
(4)
Multiple dwelling or apartment dwelling.
(5)
The taking of boarders or the leasing of rooms by a resident
family, provided the total number of boarders and roomers does not
exceed two in any one-family dwelling nor does not exceed four in
any two-family dwelling.
(6)
Churches and other places of worship.
(7)
Clubs, lodges, social and community center buildings, except
those in which a chief activity if a gainful service or activity usually
conducted as a business.
(8)
Farms, truck gardens, nurseries; Non-commercial greenhouses.
(9)
Institutions of an educational or religious character, other
than correctional institutions.
(10)
Municipal, recreation buildings, playgrounds and parks.
(11)
Accessory uses customarily incident to any of the above permitted
uses but not including the conduct of a business or industry or any
driveway or walk giving access thereto.
(12)
Home office of a doctor of medicine or minister of religion.
(a)
Such office shall be located in the dwelling unit which is the
home of the practitioner;
(b)
No assistants shall be employed and no colleagues or associates
shall share such offices.
(c)
Except for a minister of religion, such office shall not be
used for general professional practice but only for emergency consultation
and treatment as an adjunct to a principal office elsewhere.
(d)
No sign shall be used other than a name plate.
(13)
Telephone exchange building.
(a)
Such building shall only be permitted in an "A" Residence District
upon special application to the Zoning Hearing Board which shall regulate
the size, location, type of structure and any other reasonable regulations
with the purpose of insuring that such proposed structure shall be
in harmony in all respects with other structures in the vicinity of
the proposed location thereof.
(15)
Trailer parks and/or trailers are hereby prohibited and specifically
excluded in the "A" Residence District.
[Ord. 206, 4/15/1957, § 7; as amended by Ord. 373,
10/21/1980, § 1]
1.
Within an Industrial District, all buildings, structures or premises,
except for trailers and/or trailer parks, shall be used or arranged
or designed to be used for the natural development and enlargement
of any trade, business or industry, which shall not be objectionable
or detrimental to or tend to alter the residential character of the
neighborhood, the following purposes or uses are excepted:
A.
Prohibited Uses.
(1)
Ammonia, bleaching powder or chlorine manufacture.
(2)
Asphalt manufacture or refining.
(3)
Boiler works or forge works.
(4)
Celluloid manufacture, treatment or storage.
(5)
Coke manufacture.
(6)
Creosote manufacture or treatment.
(7)
Disinfectant or insecticide manufacture.
(8)
Distillation of bones, coal, tar or wood.
(9)
Dyestuff manufacture.
(10)
Dyeing at wholesale.
(11)
Fat rendering.
(12)
Fertilizer manufacture.
(13)
Glue, gelatin or size manufacture.
(14)
Incineration or reduction of dead animals, garbage, offal or
refuse other than garbage, offal or refuse accumulated and consumed
without odor on the same premises.
(15)
Lamp black manufacture.
(16)
Match manufacture.
(17)
Lime, cement or plaster of paris manufacture.
(18)
Oilcloth or linoleum manufacture.
(19)
Pickle, sausage, sauerkraut or vinegar manufacture.
(20)
Paint, oil, varnish or turpentine manufacture.
(21)
Paper and pulp manufacturing by sulphide processes emitting
noxious gases or odors.
(22)
Printing ink manufacture.
(23)
Rayon or cellophane manufacture.
(24)
Refining of petroleum or other crude materials.
(25)
Rubber manufacture from crude materials.
(26)
Soda ash, caustic soda and washing compound manufacture.
(27)
Slaughtering of animals, inclusive of poultry killing.
(28)
Soap manufacture.
(29)
Starch, glucose, dextrine manufacture.
(30)
Stock yards.
(31)
Sugar refining.
(32)
Sulphurous, sulphuric, nitric or hydrochloric acid manufacture.
(33)
Tallow, grease or lard manufacture or refining.
(34)
Tanning or curing of leather, raw hides or skins or storage
of raw hides or skins.
(35)
Tar distillation or manufacture.
(36)
Tar roofing or tar waterproofing manufacture.
(37)
Tobacco manufacturing or treatment for chewing purposes.
(38)
Wool scouring; hair manufacture.
(39)
Yeast manufacture.
(40)
Slag processing or stone crushing.
(41)
Any other trade, industry or use that is injurious, noxious,
offensive, or hazardous by reason of the emission of odor, dust, fumes,
smoke, noise or vibration. Trailers and/or trailer parks shall be
permitted in an Industrial District, and shall be excluded from all
other zoning districts.
