A.
No use shall be permitted in any district if it is
to be operated in such a manner as to create any dangerous, injurious,
noxious or otherwise objectionable fire, explosive, radioactive, environmental
or other hazard; noise or vibration; smoke, dust, dirt, persistent
odor, solid waste or air, water, or other form of pollution; electrical,
glare, or other disturbance which will adversely affect the surrounding
area or premises, or be dangerous to public health or safety.
B.
All uses shall be developed in a manner consistent
with the preservation of the quality of the existing environment and
of any natural amenities present on the site. Such uses shall provide
for the preservation and the minimal disturbance of natural drainage
areas, minimal grading and disturbance of the ground surface, the
preservation of substantial stands of trees and forested areas, and
the preservation of attractive views and any other natural features
existing on the site.
C.
All new uses or conversions shall comply with the
following performance standards:
(1)
Noise control.
(a)
The sound pressure level of any use (other than
the operation of emergency or time signals) shall not exceed, at any
point on the boundary of any industrial district or within the boundary
of any other district, the following limitations, subject to the following
corrections: Subtract five decibels for pulsating or periodic noises.
Add five decibels for noise sources operating less than 20% of any
one-hour period.
|
Octave Band In Hertz Per Second
|
Maximum Permitted Sound Level In Decibels
Along Any Industrial District Boundary
| |
|---|---|---|
|
0 to 599
|
55
| |
|
600 to 2,399
|
40
| |
|
2,400 to 4,799
|
38
| |
|
Above 4,800
|
38
|
(b)
Sound pressure level shall be measured according
to the specifications published by the American Standard Association.
The Pennsylvania Department of Health, Division of Occupational Health
shall, upon request, make decibel readings and determine compliance
with the above standards.
(2)
Control of smoke, dust and dirt, fumes, vapors, gases
and odors. Applicable state and federal pollution control laws shall
govern the emission of smoke, dust, fly ash, fumes, vapors, gases
or odors. Necessary tests to determine compliance with such laws shall
be required.
(3)
Storage of materials.
(a)
Highly flammable or explosive liquids, solids
or gases shall be stored underground.
(b)
No materials or wastes shall be deposited upon
a lot in such form that they may be transferred off the lot by natural
causes or forces, nor shall any substance which can contaminate a
stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any stream or watercourse.
(c)
All materials or wastes which might cause fumes
or dust, or which constitute a fire hazard, or which may be edible
or otherwise attractive to rodents or insects shall be stored outdoors
only if enclosed in containers which are adequate to eliminate such
hazards.
(4)
Glare and heat control. No use shall carry on an operation
that will produce heat or glare perceptible beyond the property line
of the lot on which the operation is situated.
(5)
Vibration control. Machines or operations which cause
vibrations shall be permitted, but in no case shall any such vibration
be perceptible along the lot lines of any use without the aid of instruments.
(6)
Radiation or electrical emissions, radioactivity or
electrical disturbance. Activities which may emit dangerous radioactivity
beyond enclosed areas shall comply with state and federal laws and
regulations. No electrical disturbances (except from domestic household
appliances) shall be permitted to affect adversely, at any point,
any equipment, other than that of the creator of such disturbance.
(7)
Electric, diesel, gas or other power. Every use requiring
power shall be so operated that any service lines, substation, etc.,
shall conform to the highest applicable safety requirements, shall
be constructed, installed, etc., so that they will be an integral
part of the architectural features of the plant; or, if visible from
abutting residential properties, shall be concealed by evergreen planting.
(8)
Industrial wastes and sewage. All methods of sewage
and industrial waste treatment and disposal shall be approved by the
state agency administering and/or enforcing applicable requirements
of environmental laws and the engineering division of the sewer district
receiving the effluent, and must be in accordance with all applicable
regulations pertaining to treatment and disposal of sewage. The standards
of such regulations, or the following, whichever is more restrictive,
shall apply.
(a)
There shall be no discharge of any toxic substance,
gasoline, benzene, naphtha, fuel, oil, or other flammable or explosive
liquid, solid or gas, any liquid having a temperature higher than
150° F. or any matter containing any ashes, cinders, sand, mud,
straw shavings, metal, glass, rags, feathers, tar, plastics, wood,
paunch manure, or any solid or viscous substance capable of causing
obstructions or other interference with the proper operation of a
sewage treatment plant, or any liquid having a pH power lower than
5.0 or higher than 9.0 or having any other corrosive property capable
of causing damage or hazard to structures, equipment or personnel,
or material which would be harmful to the treatment of sewage.
(b)
Acidity and alkalinity of wastes shall be neutralized
with a pH of 7.0 as a daily average on a volumetric basis with a temporary
variation of pH 5.0 to 9.0.
(c)
Wastes shall contain no cyanides and no halogens,
and shall not contain more than 10 ppm of the following gases: hydrogen
sulfide, sulfur dioxide and nitrogen dioxide.
(d)
Wastes shall not contain any insoluble substances
in excess of 10,000 ppm, or exceed a daily average of 500 ppm, or
fail to pass a No. 8 sieve, or have a dimension greater than 0.25
inch.
(9)
Screening and fencing requirements.
(a)
Adequate screening shall be provided along the
side and rear boundaries of any manufacturing or commercial use, or
of any off-street parking or loading area for more than five vehicles
which abuts a residential or institutional use, or along the boundaries
of any other use for which such screening is required.
(b)
Nonresidential uses existing at the time of
passage of this chapter which are not conducted in a completely enclosed
building, and open construction yards and junkyards shall be screened
in accordance with the provisions of this section.
(c)
Such screening shall consist of a visual screen
or obstruction of sufficient height, but not less than six feet high,
to effectively obscure the area being screened from adjoining uses.
Such a screen or obstruction shall consist of a suitable fence or
wall or of appropriate planting materials such as shrubs, hedges or
trees, located within a buffer strip having a minimum width of five
feet. Such fence, wall, or planting materials shall be maintained
in good condition without any advertising thereon. Any space between
such fence, wall or planting materials and adjoining lot lines shall
be attractively surfaced and/or landscaped with grass, hardy shrubs
or evergreen ground cover and maintained in good condition.
D.
The attachments to the Zoning Ordinance are incorporated into the
Zoning Ordinance as though set forth in the body of the Zoning Ordinance.
[Added 11-11-2021 by Ord.
No. 2021-08]
A.
Areas and proposed uses subject to special environmental or hazardous conditions or other site problems which may adversely affect the public health, safety or welfare shall be subject to the additional regulations set forth in Article V of this chapter. Such environmental or hazardous conditions or other site problems shall be identified by the Soil Interpretive Maps of the U.S. Natural Resources Conservation Service, or by any other competent authority recognized by the Board.
B.
Such environmental or hazardous conditions shall include
a flood hazard, potential soil erosion or stream sedimentation, a
seasonal or year-round water table within four feet of the ground
surface, sections with a slope in excess of 15%, and any other conditions
adversely affecting the public health, safety or welfare.
A.
Statement of purpose. It is the purpose of this district
to provide an area primarily for low-density residential development,
and nonresidential activities in keeping with the predominantly residential
character of the area.
B.
A.
Statement of purpose. It is the purpose of this district
to provide an area of medium- or moderate-density residential uses
in those areas where public services, including water and sewer service,
are available, together with compatible uses intended for the convenience
of residents. It is the intention of this district to provide a judicious
mixture of such uses without overcrowding the land or causing any
use to suffer.
B.
Permitted uses. Land and buildings in the R-2 District
may be used for the following purposes:
(1)
Single-family detached dwellings.
(3)
Accessory buildings and uses customarily incidental
to the above uses.
(4)
Permanent
amusement structures or rides including but not limited to ferris
wheels, a tram, and zipline, provided that the land or lot on which
such use shall be made shall consist of at least 10 acres.
[Added 2-10-2022 by Ord. No. 2022-03]
A.
Statement of purpose. It is the purpose of the R-3
District to provide an area of residential development at medium-to-high
density, depending on the availability of public services, including
municipal sewer and water services to specific sites. Lot sizes may
be decreased to allow for reconstruction of buildings compatible with
the area on lots which have these public services available.
B.
Permitted uses. Land and buildings in a R-3 District
may be used for the following purposes:
A.
Statement of purpose. It is the purpose of the R-4
District to provide an area of high-residential density integrated
with other uses compatible with the residential character of the area,
including municipal sewer and water service. Lot sizes may be decreased
to allow for reconstruction of structures on lots where these services
are available.
B.
Permitted uses. Land and buildings in the R-4 District
may be used for the following purposes:
[Amended 11-11-2021 by Ord. No. 2021-08]
C.
Special exception uses.
A.
Statement of purpose. It is the purpose of the C-1
District to provide areas of limited commercial uses and establishments
integrated and organized in such manner as to promote and provide
a safe, efficient, and attractive shopping area with provisions for
off-street parking wherever possible.
B.
Permitted uses. Land and buildings in the C-1 District
may be used for the following purposes:
C.
Special exception uses.
(1)
Automobile service stations, provided that any and
all repairs are performed within the enclosed main structure, and
that ample off-street parking is available for all patrons.
(2)
Banks and financial offices.
(3)
Restaurants.
(4)
Boarding houses.
(5)
Churches and other places of worship.
(6)
General commercial and large-scale retail uses.
(7)
Conversions.
(8)
Light industrial uses.
(9)
Large and small group care facilities.
(10)
Adult commercial uses.
(11)
Wind turbine.
[Added 9-11-2008 by Ord. No. 2008-4]
(12)
Medical marijuana academic clinical research centers.
[Added 2-10-2022 by Ord. No. 2022-03]
A.
Statement of purpose. It is the purpose of the C-2
District to provide for areas of integration of high-density residential
uses and general commercial uses in an orderly and harmonious fashion.
It is intended to provide for a district of integrated civic and commercial
uses while encouraging the maintenance and preservation of the historic
features of the area. Lot sizes may be reduced to provide for reconstruction,
consistent with existing structures, where essential services such
as municipal water and sewer facilities are available.
B.
Permitted uses. Land and buildings in the C-2 District
may be used for the following purposes:
(1)
General commercial uses.
(2)
Appropriate municipal and other public uses, including
county government offices.
(3)
Art, music, dance and other cultural studios.
(4)
Theaters.
(5)
Restaurants.
(6)
Clubs and lodges for fraternal, youth and other social
organizations.
(7)
Bed-and-breakfast.
(8)
Conversions.
(9)
Off-premises signs.
(10)
Accessory structures.
(11)
Combinations of the above uses.
C.
Special exception uses.
[Added 7-13-2017 by Ord.
No. 2017-5]
A.
Statement of purpose. It is the purpose of the C-3 District to provide
for areas of integration of high-density residential uses and local
commercial uses in an orderly and harmonious fashion. It is intended
to provide for a district of integrated civic and commercial uses
while encouraging the maintenance and preservation of the historic
features of the area. Lot sizes may be reduced to provide for reconstruction,
consistent with existing structures, where essential services such
as municipal water and sewer facilities are available.
B.
Permitted uses. Land and buildings in the C-3 District may be used
for the following purposes:
[Amended 11-11-2021 by Ord. No. 2021-08]
(1)
Neighborhood commercial uses.
(2)
Appropriate municipal and other public uses, including county
government offices.
(3)
Art, music, dance and other cultural studios.
(4)
Theaters.
(5)
Restaurants.
(6)
Clubs and lodges for fraternal, youth and other social organizations.
(7)
Off-premises signs.
(8)
Bed-and-breakfast.
(9)
Conversions.
(10)
Accessory uses.
(11)
Hotels.
(12)
Combinations of the above uses.
A.
Statement of purpose. It is the intention of the I
District to provide for an area of industrial development separate
and identifiable from the residential areas of the community where
light industrial and general commercial development may be specifically
encouraged.
B.
Permitted uses. Land and buildings on the I District
may be used for the following purposes:
(1)
Large-scale general commercial uses.
(2)
Wholesale, trucking, warehousing and distributing
activities.
(3)
Research activities.
(4)
Light industrial uses.
(5)
Assembly and manufacturing plants.
(6)
Motor vehicle repair garages.
(7)
Building, plumbing, masonry and similar trade supply
or retail uses.
(8)
Accessory structures customarily incidental to the
above uses.
(9)
Appropriate municipal uses.
(10)
Commercial communications towers.
[Added 1-10-2002 by Ord. No. 2002-01]
D.
Special exception uses.
[Added 9-11-2008 by Ord. No. 2008-4]
A.
Statement of purpose. It is the purpose of the S District
to allow use of the land in a manner which will not detract from the
natural setting and recreational public use of the Mauch Chunk Watershed.
For this reason, development of the area will be restricted to reduce
the probability of pollution.
B.
Permitted uses. Land in the S District may be used
for the following purposes:
(1)
Open space conservation areas and uses.
(2)
Public and privately owned parks and recreation areas.
(3)
Single-family detached dwellings.
(4)
Accessory structures customarily incidental to the above uses in accordance with the standards set forth in § 500-34.
(6)
Farm.
[Added 12-14-2017 by Ord.
No. 2017-13]
