[Ord. 559, 6/20/1959, Section 401, 1201, 1201.2, 1201.3,
1201.4, 1201.8, 1201.11; amended by Ord. 578, 6/10/1960, Article I;
Ord. 834, 12/4/1973, Section 3; 941, 9/11/1978, Section 128; Ord.
952, 1/10/1979, Section 1; Ord. 981, 11/3/1980, Section 3; Ord. 1029,
6/14/1982, Section 2; Ord. 1110, 4/16/1985, Section 2; Ord. 1198,
2/8/1988, Sections 7 and 8; Ord. 1401, 1/11/1993, Section 2; Ord.
1423, 12/8/1993, Sections 1, 2 and 3; Ord. 1448, 7/11/1994, Section
6; Ord. 1526, 3/25/1997, Section 4; Ord. 1529, 5/5/1997, Section 2,
7,Ord. 1626, 6/19/2000, Section 12; Ord. 1656, Sections 1, 2, and
3; Ord. 1714, 11/26/2002, Section 2; Ord. 1778, 4/27/2004, Section
2; Ord. 1788, 7/14/2004, Section 2; Ord. 1840, 4/4/2006, Section 11;
Ord. 1913, 12/1/2008, Section 2, 3; Ord. 1927, 3/2/2009, Section 2;
Ord. 1982, 12/19/2011, Section 1 and 2]
In this district the land and structures may be used, and structures
may be erected, altered, enlarged, and maintained for the following
uses only:
a. Accessory Use (as prescribed in Part
B of this chapter) and the keeping of chicken hens at one-family dwellings as prescribed in Section 501.1.(7) of this chapter.
b. Church
or other place of religious worship including accessory religious
instruction, and religious school as an accessory use when located
on the same lot as the place of religious worship, provided that the
lot has frontage on and primary vehicular access from an arterial
street and meets parking as required in Section 2403.c.
c. Country
club (as prescribed in Section 506 for this chapter).
d. Cultivation
of land and general gardening.
f. One-family
dwelling with a single apartment unit (as prescribed in Section 501.1
of this chapter).
h. Required off-street parking space (as prescribed in Part
H of this chapter).
i. Playground
or park (nonprofit) or publicly-owned recreation area.
k. Signs (as prescribed in Chapter
XV of this Codification).
l. Exceptions,
Additions and Modifications to Use. The provisions of this use are
subject to the following exceptions, additions and modifications:
(1) No more than one building for residential use may be erected upon
a lot in R-1, R-2, R-3H, R-OA and UV districts. In all other districts
that permit residential uses, two or more buildings containing permitted
dwelling types may be erected upon a single lot provided that, in
addition to the regulations applicable in the respective zoning district
where such group dwelling project is located, the following general
requirements shall also be met:
(a)
The lot for such project must meet or exceed the total area
required for the sum of all dwelling units on the lot.
(b)
The front, side, and rear yards must meet the district regulations
for the proposed dwelling type along the property line, except that
(1) when different dwelling types with different yard requirements
are to be combined on the same lot, the required yards shall equal
the greatest distances required from among the various dwelling types
proposed, and (2) when the project is to be located on a corner lot
adjacent to an R-1 or R-2 district, the side yards shall be increased
to 30 feet.
(c)
The distance between buildings shall be in accordance with the
zoning district in which they are located, but in no case shall be
less than 10 feet.
(d)
The lot shall contain a playground area, the size shall be no
less than 25 square feet per dwelling unit of the project.
(e)
Appropriate planting shall be planted and maintained as a buffer
strip and screen adjacent to abutting residential properties, as approved
by the Zoning Officer with advice and recommendation from the Borough
Arborist.
(f)
[Eliminated by Ordinance 1526]
(2) A single apartment unit in a one-family dwelling as a specified permitted
use shall conform to the following:
(a)
The apartment unit shall be contained within the main building;
(b)
The apartment unit shall have not more than one bedroom or exceed
500 square feet in total floor area.
(3) Persons not exceeding the numbers set forth in the following schedule
shall be permitted to reside in one- or two-family dwellings on the
condition that adequate off-street parking space is provided on the
premises for all vehicles operated or kept by such residents:
(a)
One- and Two-Family Dwellings. In all residential districts,
for each dwelling unit . . . a family plus two unrelated persons;
no more than three unrelated persons.
(b)
One-Family Dwelling With a Single Apartment Unit. In all residential
districts, the total number of unrelated persons occupying the building
shall not exceed three, and the total number of persons occupying
the single apartment unit within a one-family dwelling shall not exceed
two.
(4) Home occupations are permitted in all dwelling units, except one-family
dwellings containing a single apartment, subject to the following
conditions:
(a)
Only one home occupation may be conducted for each dwelling
unit. Home occupations, except for the raising of garden produce,
shall use not more than 20%, or 500 square feet, whichever is less,
of the total floor area of all structures on the lot. Such use of
the premises shall be conducted only within the dwelling or garage,
except for the raising of produce.
(b)
No exterior alterations or additions, which change the residential
character of the dwelling or site by use of colors, materials, design
or lighting, shall be permitted in order to accommodate a home occupation.
No fire escape shall be installed to accommodate a home occupation.
When located within the dwelling, the entrance to the space devoted
to a home occupation shall be from within said dwelling. Window display
and signs related to the home occupation are prohibited on the premises.
(c)
The home occupation may only be conducted by the residents of
the dwelling and one nonresident assistant.
(d)
Servicing by truck of supplies and materials for the home occupation,
other than that provided by parcel post (e.g. mail or parcel service),
shall not exceed four visits per month, excluding vehicles owned by
the residents of the dwelling. No motor vehicle with a sign advertising
the home occupation shall be parked on the premises outside a garage
or carport except for temporary loading and unloading.
(e)
There shall be no sales to customers on the premises except
for products produced on the premises by the residents or for food
served as part of a bed-and-breakfast establishment. All materials
on the premises directly related to the home occupation, except garden
supplies and produce, shall be stored within fully-enclosed buildings.
(f)
The home occupation shall not create noise, glare, smoke, odor
or vibration detectable by normal senses beyond the boundary of the
premises, or cause radio or television reception interference off
the premises.
(g)
Except as modified below for bed-and-breakfast establishments,
lot coverage by building and parking may not exceed that specified
for the zoning district in which the home occupation is located.
(h)
Bed-and-breakfast establishments shall meet the following additional
requirements:
(i)
Sleeping accommodations shall be located only within the dwelling
and shall be limited to one or two rooms with a total size not to
exceed 20%, or 500 square feet of the dwelling, whichever is less.
(ii)
Not more than one family or two unrelated guests may be accommodated
at any time. The length of stay per guest shall be limited to seven
days per thirty-day period.
(iii) One off-street parking space shall be provided
for guests of the bed-and-breakfast establishment, provided that,
in no case shall the total number of parking spaces on the lot exceed
4.
(iv)
Meals for compensation shall be provided only to guests of the
bed-and-breakfast establishment and shall be limited to breakfast.
(v)
No more than one bed-and-breakfast establishment is permitted
per lot. No bed-and-breakfast establishment may be located within
500 feet of an existing bed-and-breakfast establishment, to be measured
from the closest distance between lot lines of the properties accommodating
said bed-and-breakfast establishments.
(vi)
A zoning permit shall be secured prior to the use of any dwelling
as a bed-and-breakfast establishment to insure compliance with these
regulations.
(i)
Under no circumstances shall home occupations include the following,
even if they otherwise meet the regulations stipulated above:
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Motor vehicle-oriented business;
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Uses prohibited in Sections 2001.b, 1801, 1802, 1803, 1901.b
and 1902;
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Industrial uses, except that the assembly, cleaning, testing
and repair of electrical appliances and components is permitted if
all the above restrictions are met;
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Tourist homes;
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Animal hospitals and veterinary offices; kennels or pet training;
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Motor vehicle service, repair, and/or maintenance;
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Mortuaries;
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Billiard parlors and other amusements;
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Eating and drinking establishments (including carry-out food
establishments, but excluding breakfast served to bed-and-breakfast
patrons); and
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All establishments using coin-operating devices.
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(j)
Pet grooming shall meet the following additional requirements:
(i)
Permitted only in one-family dwellings without a single apartment
unit.
(ii)
Grooming hours of operation limited to 7:00 a.m. - 6:00 p.m.,
Monday through Friday. No activities associated with pet grooming,
including drop off and pick up, are permitted outside the hours of
operation or on weekends are permitted.
(iii) No overnight boarding or keeping of any number
of pets other than the owner's pets is permitted. The owner's pets
can include foster pets.
(iv)
Dogs shall be on a leash under control of the groomer or employee
at all times when outside of the building.
(v)
A solid panel privacy fence or masonry wall at least six feet
in height shall be provided to screen outside locations where the
pets may be taken.
(vi)
No in-home pet day care is permitted.
(vii) A zoning permit shall be required for pet grooming.
(5) A private garage (including carport) as an accessory building or
attached to the main building shall not exceed a capacity as provided
in definition, "Garage (Private)," or have a door opening over eight
feet in height. When detached from the main building, a private garage
shall not include a dwelling.
[Amended by Ord. No. 2141, 6/1/2020]
(a) Exception
for Large Lots in the R-1 Zoning District.
(i) The above referenced capacity limit for one-family dwellings, as
provided in the definition "Garage (Private)," is modified to the
following extent when the garage is attached to the dwelling:
1) Lot area exceeding 25,000 square feet: four-vehicle capacity.
2) Lot area exceeding 30,000 square feet: five-vehicle capacity.
(ii) Capacity limits in the definition remain in effect for all detached
garages regardless of lot size, and for all attached garages on lots
with areas less than 25,000 square feet.
(6) Student Home. Student Homes are permitted in all zoning districts
that allow residential uses pursuant to district regulations applicable
for one- and two-family home use. However, in the R-1, R-2, and R-3
zoning districts, student homes are permitted only when all of the
following standards are met:
(a)
Occupancy in a one-family or two-family dwelling used as a student
home shall not exceed three unrelated persons, as prescribed in Section
501.1.3.
(b)
No student home shall be located on a lot any portion of which
is closer to another lot used for a student home than a distance determined
by multiplying nine times the minimum lot width required for a one-family
dwelling in the district in which the student home is located.
(c)
No more than one dwelling unit in a two-family dwelling may
be used as a student home.
(d)
No more than one building on a lot may be used as a student
home.
(e)
A student home shall have a minimum of 1,500 square feet of
floor area per dwelling unit, exclusive of floor areas contained in
basements, garages or accessory buildings.
(f)
A minimum of two parking spaces shall be provided per dwelling
unit in driveways or off-street parking areas.
(g)
No student home shall be occupied or used as such until a zoning
permit and rental housing permit have been issued. Plans showing the
lot's layout, parking area, landscaping, and floor area shall be submitted
with an application for a zoning permit for student home use. In addition,
the applicant shall include a list of all properties located, in whole
or in part, within the area specified in Section (a). This area shall
be defined by the circumference of a polygon that is defined by measuring
nine times the minimum lot width requirement for a one-family dwelling
in the zoning district from the perimeter of the property for which
the application is being submitted. This list shall be prepared by
a qualified professional, such as a registered land surveyor or a
professional engineer, using generally accepted engineering practices.
The application shall include a written description of the method
used to identify those properties within the nine times the minimum
lot width distance requirement.
(7) Chicken hens at one-family dwellings. The keeping of chicken hens
at one-family dwellings is permitted provided all of the following
conditions are met:{35}
(a)
No more than four chicken hens shall be kept per one-family
dwelling.
(b)
No person shall keep a rooster in the Borough on a tract of
land less than 10 acres in size.
(c)
All chicken hens shall be housed in a roofed coop that is stationary,
secure and enclosed in a way that contains the chickens.
(d)
The coop shall not be within 30 feet of any main building on
an adjacent lot.
(e)
The minimum coop size shall be three square feet per chicken.
The maximum overall coop size shall not exceed 20 square feet.
(f)
An outside run is permitted when attached to the coop.
(g)
If an outside run is provided, it shall be no bigger than 10
square feet per chicken and shall be enclosed in a way that contains
the chickens.
(h)
The outside run shall not be within 30 feet of any main building
on an adjacent lot.
(i)
All coops and runs are subject to setbacks for accessory structures.
(j)
All coops and runs shall be screened from the view at ground
level from adjacent lots by using fencing, landscaping, or a combination
thereof.
(k)
A zoning permit shall be required for keeping chicken hens,
coops, and outside runs. The fee shall be the same as is charged for
small shed permits.
[Ord. 559, 6/20/1959, Sections 402, 1202, 1202.1, 1202.2,
1202.5, 1202.6, 1202.7, 1202.9, 1202.10, 1202.11, 1202.12, 1202.13;
as amended by Ord. 650, 3/23/1964, Section 1; Ord. 766, 8/4/1970,
Sections 1 and 2; Ord. 940, 8/9/1978, Section 5; Ord. 961, 9/11/1979,
Section 1(f); Ord. 1187, 12/9/1987; Ord. 1216, 8/5/1988; Ord. 1396,
12/10/1992, Section 1; Ord. 1401, 1/11/1993, Section 3; Ord. 1491,
2/8/1996; Ord. 1546, 10/22/1997; Ord. 1549, 11/19/1997, Sections 3
and 4; Ord. 1654, 3/24/2001, Sections 3 and 4; Ord. 1695, 2/7/2002;
Ord. 1716, 12/12/2002; Ord. 1839, 4/4/2006, Section 1; Ord. 1841,
4/4/2006, Section 1, 5, 7; Ord. 1853, 10/16/2006, Section 1, 2; Ord.
2075, 5/16/2016, Section 1]
Each lot in this district shall comply with the following minimum
requirements, except as otherwise provided:
a. Lot
area.
One-family dwelling: 12,000 square feet.
b. Width.
One-family dwelling: 80 feet.
c. Front
yard depth.
Dwelling: 30 feet.
Non-dwelling: 40 feet.
d. Side
yard width.
Dwelling: 10 feet.
Accessory Building: 10 feet.
Non-dwelling: 20 feet.
e. Rear
yard depth.
All structures: 40 feet.
f. Exceptions,
Additions, and Modifications to Lot Area, Width and Yards. These provisions
are applicable in all zoning districts:
(1) A single-family dwelling may be erected or altered on any lot of
record in separate ownership from that of any adjacent lots at the
effective date of this ordinance which is not of the required minimum
area or is of such unusual dimensions that the owner would have difficulty
in providing open spaces as required for the district, as a variance
when authorized by the Zoning Hearing Board.
(2) The requirements of this ordinance with respect to lot area and lot
width shall not be construed to prevent the erection of a single-family
dwelling on any lot plotted of record, and held in separate ownership
from that of any adjacent vacant lots at the effective date of this
ordinance, provided that the yard and setback requirements are complied
with.
(3) In the case of irregular-shaped lots, the minimum lot width shall
be measured at the required front building line and be maintained
for a depth of 30 feet to the rear of the front building line.
(4) Designation of Front Yard on a Corner Lot. All yards abutting a street
shall comply with the front yard depth of the zoning district.
(a)
Initial Designation. On corner lots that abut two streets, the
owner shall designate which yard opposite the front yard is the rear
yard. The remaining yard shall be the side yard. Such designation
shall be made when a development plan or zoning permit is required
the first time. Thereafter, the lot shall be bound to the yards as
designated. No future change in designation may occur with subsequent
land development or zoning permit applications, except for redesignation,
as provided below, for one-family dwellings in R-1 and R-2 zones.
If the owner refuses or fails to designate the rear yard, the Zoning
Officer shall make the designation.
On corner lots that abut more than two streets, there shall
be no rear yard. All yards, other than the front yard, shall be side
yards.
(b)
Redesignation. In R-1 and R-2 zones, side and rear yards may
be redesignated on corner lots with one-family dwellings, provided
the following two conditions are met: (i) the redesignation does not
cause any building or structure to become nonconforming; (ii) written
consent is provided by the current property owner(s) of any lot bordering
the corner lot along the side where the yard width would be decreased
as a result of redesignation.
(5) No building for dwelling purposes shall be erected on any lot which
does not have immediate frontage on a public street or have access
to a street as provided in the final plot plan of a subdivision approved
by the Planning Commission.
(6) Every required front, side and rear yard shall be open and unobstructed
from the ground to the sky, except for planting, or unless provided
otherwise under this Zoning Ordinance.
(7) Where a lot is situated between two lots having on each a main building
(within 25 feet of its side lot line), the front yard requirements
on such lot may be the average depth of the front yards of the existing
buildings.
(8) The following structures are permitted to extend into required yards,
as set forth:
(a)
Buttress, chimney, cornice or pier, up to 12 inches into all
yards. Projecting overhang, but not including second-floor overhangs,
up to 30 inches into front or rear yards, and into side yards up to
a maximum of two inches per foot of required side yard setback.
(b)
Open steps, roofed or unroofed, are permitted to extend to a
maximum of four feet into side and rear yards. Unroofed open steps
that do not extend above the first floor level are permitted to extend
into front yards to within 18 inches of a front property line.
(c)
Retaining walls in the General Commercial District shall be
set back 18 feet from the curb face along College Avenue and in the
100 block of South Allen Street and 15 feet along all other street
blocks. Outside the General Commercial District, the following shall
govern:
Retaining wall of any necessary height but no closer than 18
inches to a street line or alley line, unless the wall is 30 inches
or less in height in which case no setback is required.
(d)
Except as provided for in Subsection
(c) and in Section 2001.e, Telecommunications Facilities, the following restrictions shall apply to all fences and wall erected within required yards:
[Amended by Ord. No. 2189, 9/12/2022]
(i)
Height. The maximum height of fences in the front yard shall
not exceed 6.5 feet. The lower four feet, measured from grade can
be solid. The remaining 2.5 feet must be 50% see-through or light
permeable for a total fence height not to exceed 6.5 feet from grade.
This applies to front yards for midblock and corner lots. The graphics
below illustrate the permitted conditions:
For the remaining portions of the lot, the maximum fence height
shall not exceed 6.5 feet from grade.
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Exceptions:
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Split rail fences may be in the front yard, but may not exceed
five feet in height.
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Walls or fences specifically built around tennis courts shall
not exceed 10 feet in height from grade.
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Walls and fences for one and two-family dwellings which front
on US Route 322 (North and South Atherton Streets) shall be permitted
to install a 6.5 solid fence provided the rest of the requirements
of this ordinance are met.
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(ii) Permits. A zoning permit approved by the Planning Department is required
prior to the installation of any fence over 30 inches in height. The
permit fee shall be the same as that charged for a garden shed.
(iii) Setbacks. Permanent walls and fences in the General
Commercial District shall be set back 18 feet from the curb face along
College Avenue and in the 100 block of South Allen Street and 15 feet
along all other street blocks. Outside the General Commercial District,
the following regulations shall govern:
Walls and fences 30 inches or less in height require no setback.
Walls and fences over 30 inches in height shall not be erected closer
than 18 inches to a street line. On corner lots, special line-of-sight
regulations shall apply to walls and fences over 30 inches in height
[see No. (3) below]. Walls and fences over 6.5 feet in height (tennis
courts) shall not be erected closer than five feet to a property line.
(iv)
Corner Lots. On corner lots, walls and fences 30 inches or less
in height require no setback. However, within a distance of 30 feet,
measured from any corner formed by the intersection of two street
lines, fences and walls exceeding 30 inches in height shall not be
erected closer than five feet to a street line. Beyond a distance
of 30 feet, walls and fences over 30 inches in height shall not be
erected closer than 18 inches to a street line.
(v)
Materials. Use of natural materials shall be encouraged for
all fence construction.
(vi)
Utility Easements. As set forth in Section 2001 of this chapter,
no wall or fence shall be erected within the limits of a utility easement.
(e)
A protective hood, porch or overhang may be erected over a doorway,
providing it does not extend more than five feet into any yard.
(f)
Unroofed platforms, including balconies and decks, on one-and
two-family dwellings are permitted to extend into rear yards up to
a maximum of two inches per foot of required rear yard setback. Support
posts and beams shall be considered to be a part of any platform and
may be affixed to the ground below and extend into a rear yard up
to the limit set forth for platforms.
(g)
Accessory buildings of not more than 144 square feet in ground
floor area and 10 feet in height are permitted in side and rear yards
of R districts provided that they shall not be placed closer than
five feet to any lot line and shall not be placed closer than 50 feet
to the cartway of any street. In addition, no accessory building,
other than a garage, located in the R-1 zoning district shall be connected
to or serviced by a driveway or other paved access with a width greater
than five feet and no existing driveway or other paved access with
a width greater than five feet may be extended or expanded to provide
access to any such accessory building. Accessory buildings not more
than 144 square feet in ground floor area and 10 feet in height may
not be used as a private garage.
(h)
Detached private garages or carports in all R Districts except
R-1 are permitted in the side and rear yards, provided that they shall
not be placed closer than five feet to any lot line and shall not
be placed closer than 50 feet to the cartway of any street. In the
R-1 zoning district, detached garages and carports shall be located
in compliance with applicable setbacks as specified in Sections 502.c,
502.d, and 502.e. In addition, in all R Districts except R-1, 2 abutting
property owners may erect a common detached garage or carport across
or abutting upon a common lot line in the rear or side yard setback
area provided that the property owners supply the Zoning Officer with
a written agreement, duly recorded with the County Recorder of Deeds,
for the erection of such structure.
(i)
Signs, awnings and canopies are permitted in required yards within the limits set forth in Chapter
XV (Sign Ordinance) of this Codification.
(j)
In the General Commercial District, temporary outside sales
areas, including outdoor cafes, may be located anywhere within a side
or rear yard. Temporary outside sales areas and cafes may be located
within a front yard, provided that all chairs, tables, fences, sales
racks, merchandise and other accouterments incidental to the sales
area are set back 10 feet from the curb face along College Avenue
and along the 100 and 200 blocks of South Allen Street and eight feet
from the curb face along all other streets and that the setback falls
on or behind the property line. Additionally, all front yards shall
remain free of permanent structures and all items, including tables,
chairs, fences, walls, cordons and accouterments, shall be removed
from the front yard whenever the establishment is not open for business.
The front yard shall remain open and unenclosed.
When outdoor sales or table service is not provided, lightweight
chairs and tables may be located anywhere in the front yard provided
the tables or chairs are located behind the property line and are
not in the public right-of-way.
(9)
Enclosure or Rehabilitation
of Covered Porches on Historic or Contributing Buildings.
(i) Any covered porch that is open and attached to
a building that is listed on any nationally approved inventory of
historic places or is identified or approved as a contributing building
in any nationally approved historic district may be enclosed or rehabilitated
provided:
aa.
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The enclosure or rehabilitation is designed to be compatible
with the size, scale, color, material, architectural style and character
of the structure and neighborhood; and
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The enclosure or rehabilitation shall be removable without impairing
the original structure.
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(ii)
Any proposal to enclose or rehabilitate a porch shall be reviewed
by the State College Historical Architectural Review Board prior to
the issuance of a zoning permit.
The Historical Architectural Review Board shall make a recommendation
to the Planning Department by using the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings with respect to compliance of the application with the applicable
criteria above. The Historical Architectural Review Board may make
suggestions for changes in the application based on the Secretary
of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings. This recommendation, and any suggestions
made by the Historical Architectural Review Board, shall be advisory
only and not binding on the Planning Department.
Applications shall include a sketch of the proposed improvements
in an appropriate scale but shall be not less than one inch equals
10 feet. The sketch shall provide sufficient information to allow
a determination of compliance with Subsection (a) above.
[Amended by Ord. No. 2120, 12/3/2018]
(iii)
Any decision by the Planning Department shall be appealable
to the Zoning Hearing Board as provided for in Section 909.1 of the
Pennsylvania Municipalities Planning Code.
(10) Lot area, width and yards for telecommunications facilities, except
for shared use telecommunications antennas, shall be as specified
in Section 2001.e, Telecommunications Facilities.
g. Lot
Coverage.
(1) The cumulative area of all building footprints on a lot, including
accessory buildings, shall not exceed the following coverage for a
given lot's area:
Lot areas 15,000 square feet or smaller = 30%.
Lot areas >15,000 square feet up to and including 25,000 square
feet = 4,500 plus 0.05 X number of square feet above 15,000.
Lot areas >25,000 square feet = 20%.
Examples: Building Coverage Calculation
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Lot size is 15,000 S.F. calculation is: 0.3 X 15,000 = 4,500
S.F. = 30%.
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Lot size is 20,000 S.F. calculation is: 4,500 plus 0.05 X 5,000
= 4,750 S.F. = 23.75%
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Lot size is 25,000 S.F. calculation is: 4,500 plus 0.05 X 10,000
= 5,000 S.F. = 20%.
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Lot size is 35,000 S.F. Coverage calculation is 0.2 X 35,000
= 7000 S.F. = 20%.
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(2) Driveways and off-street parking areas at one- and two-family dwellings,
as follows:
Lot area <10,000 square feet: 12%.
Lot area 10,000 to 20,000 square feet: 12% minus 0.4% per 1,000
square feet of lot area above 10,000 square feet.
Lot coverage for lots with square feet area between any two
1,000 square-foot points shall be calculated on the basis of the lower
1,000 square foot area.
[Example: Lot area 16,500 square feet; lot coverage ((0.12 -
(6 x 0.004)) x 16,500 square feet = 0.096 x 16,500 square feet
= 1,584 square feet]
Lot area >20,000: 8%.
h. Maximum
Building Width on Replotted Lots. Whenever two or more lots are consolidated
or re-plotted into one after the effective date of this ordinance
(October 20, 2006] and the resultant lot width from the consolidation
exceeds 135 feet, the maximum building width allowed on such lot shall
be determined by multiplying the lot's width in feet by 0.6. The product
of this ratio subject to the rules set forth below is the maximum
building width, in lineal feet, permitted on the consolidated lot.
Building setbacks are applicable and are used in conjunction with
the ratio.
(1) Rules: The following rules are used in conjunction with the ratio.
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Building width shall be measured as the cumulative lineal length
of all building walls facing a street that are within a distance of
two times the required front setback. Walls beyond this distance do
not count towards building width.
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On lots with more than one building, the cumulative widths of
all buildings shall not exceed the ratio.
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A facing wall is any wall built parallel to or within a 45°
angle of the front property line.
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Maximum building width using the ratio is applicable to each
lot side with street frontage.
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On lots without frontage, like a flag lot, the ratio applies
along the side designated as the front.
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(2) Calculation Examples:
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Lot width = 151 feet 151 feet X 0.6 = 90.6 feet maximum building
width
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Lot width = 200 feet 200 feet X 0.6 = 120 feet maximum building
width
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i. Minimum
Open Space (all uses): 50%.
[Ord. 559, 6/20/1959, Sections 403, 1202.2, 1203, and 1203.1;
amended by Ord. 1423, 12/8/1993, Section 6; Ord. 1526, 3/25/1997,
Section 4; Ord. 1549, Section 5; Ord. 1841, 4/4/2006, Section 2]
The maximum heights of structures in this district, except as
otherwise provided, shall be:
a. Dwelling:
25 feet (not exceeding two stories), except as provided in Section
503.d.
b. Accessory
Building: 15 feet (not exceeding one story).
c. Non-Dwelling:
30 feet, except as provided in Section 503.d.
d. Exceptions,
Additions and Modifications to Height.
(1) Buildings used for the following purposes in R districts may exceed
the district's height limit, but are bound to the following maximum
heights:
Public school building: 40 feet maximum.
Country club building: as provided for in Section 506.
Elderly housing building: 40 feet maximum.
(2) Height limitations shall not apply to chimneys, church spires, water
tanks or necessary mechanical features not occupying more than 1/10
of the roof area, electrical equipment on poles, or telecommunication
facilities which are regulated by the height limitations specified
in Section 2001.e.
Parking requirements shall be as specified in Part
H of this chapter.{40}
[Ord. 1157, 12/16/1986, Section 1; amended by Ord. 1198,
2/8/1988, Section 9]
Housing projects for the elderly, as specified below, may be
permitted as conditional uses in the R-1 (Residence) District subject
to the following criteria:
a. Purpose
And Concept. This provision is intended to help meet the growing demand
for elderly housing in the Borough through the creation of planned
elderly housing developments. It modifies use, lot area, width, and
yard requirements otherwise applicable to the district, establishes
additional design controls, requires unified planning and management
of each development and provides for Council approval as a conditional
use following site plan review. Elderly housing developments shall
be planned, designed and managed as integrated projects.
b. Use.
In addition to the uses permitted in Section 501 of this chapter,
elderly housing developments may consist of the following: row dwellings
not exceeding six units in any one direction; and medical clinics,
nursing and convalescent homes for use by residents of the development
only. Personal care and congregate meals may be provided within the
building types permitted above.
c. Lot
Area, Width And Yards.
(1) Lot Area. Each elderly housing development shall consist of a minimum
of five acres for the total development and a maximum density of 5,000
square feet of lot area per dwelling unit. The amount of land used
for medical clinics, nursing and convalescent homes may be used to
achieve the five-acre minimum for the development but may not be used
for purposes of calculating maximum residential densities.
(2) Minimum lot width: 300 feet.
(3) Minimum Yard Depth. Minimum front, side and rear yard depths shall
be as required in Section 502 of this chapter, except that yard depths
for row dwellings, medical clinics, nursing and convalescent homes
shall be as follows:
Front yard depth: 40 feet.
Side yard depth: 40 feet.
Rear yard depth: 40 feet.
All structures in excess of 25 feet in height shall be set back
a minimum distance of 80 feet from all property lines not abutting
a street. For side and rear lot boundaries which abut properties in
zoning districts other than R-1 and R-2, the side and/or rear yard
depths specified above are reduced to those applicable in the abutting
district.
d. Height.
The maximum height of structures permitted for elderly housing developments
shall be as specified in Section 503 of this chapter.
e. Parking
Requirements. Parking requirements shall be as specified in Section
H of this chapter, except that the number of required parking spaces
for row dwellings shall be one space per dwelling unit.
f. Additional
Requirements.
(1) Management. All dwelling units, medical clinics, nursing and convalescent
homes within the elderly housing development shall be jointly managed
by an individual, firm, partnership or corporate entity.
(2) Age Restrictions. Residence in the elderly housing development shall
be limited to those persons aged 62 and over and their spouses.
(3) Distance Between Developments. No point on the boundary of an elderly
housing development in this district may be closer than 2,000 feet
from the nearest point of the boundary of any other elderly housing
development located in an R-1 or R-2 district.
(4) Buffer Yards. Buffered screening, consisting of plantings, earth
mounds and/or decorative fences and walls shall be planted, installed
and maintained near the boundary lines of the elderly housing development
to form a sight restrictive screen of all structures from adjacent
residential lots or undeveloped lots zoned R-1 or R-2.
(5) Vehicular Access. Irrespective of provisions specified in Section
2406 of this chapter, vehicular access shall be designed to avoid
directing traffic through adjacent residential areas. All elderly
housing developments shall abut an arterial street.
(6) Nuisances. Additional requirements may be imposed by Council to minimize
nuisances caused by excessive noise, glare, smoke or vibration or
to promote traffic safety.
g. Administrative
Review. All applications for a zoning permit under provisions of this
option must receive approval by Borough Council as a conditional use
following procedures specified in Section 1804.b of this chapter,
except that site plan requirements shall be those specified in Section
305 of this chapter. Construction of dwelling units in an elderly
housing development may be phased over time in accordance with an
overall plan and timetable approved by Borough Council, provided that
at least half of all dwelling units shall be constructed prior to
or concurrent with other uses permitted within elderly housing developments.
All proposed changes to an approved site plan shall comply with the
review procedures established herein as though such changes were a
new site plan.
[Ord. 559, 6/20/1959; amended by Ord. 1637, 10/5/2000, Section
1]
A Country Club, including sales to customers and guests is permitted
in the R-1 Residence District, subject to the following criteria:
a. Lot
Area, Width, and Yards:
(2) Lot width: sufficient to meet required yards.
(3) Yard Depth:
(a)
All buildings in excess of 256 square feet: 200 feet from any
property line.
(b)
Picnic areas and shelters, playground equipment; unenclosed
swimming pools; playing fields (other than driving ranges and golf
course); unenclosed tennis courts, basketball, shuffleboard and other
courts; buildings for the sale, rental and service of non-motorized
golf equipment that are less than 144 square feet of gross floor area,
unless attached to one of the buildings listed in Subsection 506.a(3)(a)
of this chapter, in which case the minimum setback shall comply with
Subsection 506.a(3)(a): 40 feet from any property line.
(c)
Driving ranges and golf courses: no setback required.
b. Height:
(1) Clubhouse: 40 feet, except that one extra foot in height is permitted
provided two additional feet of setback is provided for each additional
foot of height with a maximum building height of 50 feet.
(2) All other buildings: one story, not to exceed 20 feet.
c. Parking. Parking requirements shall be as specified in Part
H (Off-Street Parking) of this chapter, except that vehicular access is limited to arterial and/or collector streets.
d. Buffer
Yards. Buffer yards, as specified herein, are required when any facility
listed in Subsection 506.a(3)(b) above is located within 200 feet
of an adjacent R-1, R-2, R-3 or R-3B zoning district or residential
use (including residential uses within a Planned Residential District
[PRD]) in any other zoning district.
All building faces and other facilities shall be screened from
view from abutting residential zoning districts and uses as provided
for in Subsections (1), (2), (3) and (4) below, as applicable:
(1) Screening shall be provided by a continuous view-restrictive screen
at least six feet in height designed to obscure the view of buildings
and other facilities from residential zoning districts and uses.
The screen's length shall be comprised of trees, shrubs or a
combination thereof. A minimum of 50% of the screen's length shall
be of evergreen plant material. A minimum of two canopy trees shall
be planted for each 100 feet of screen length. All plant material
shall be six feet in height at time of planting and placed to provide
view restriction. Walls, earth mounds and fences (or a combination
thereof) may be included with the plant material to complement and
provide variety to the screen but may not be exclusively used for
screening. Special consideration shall be given to form, color, texture,
density, growth habits and maintenance requirements. Grass or other
living ground cover shall be planted, mulched and maintained on all
portions of the landscaped screen not occupied by other landscaped
material. All required plant material which dies shall be replaced.
(2) Existing vegetation and/or natural features may be used to meet buffer
yard requirements, provided the location and composition of existing
plant materials and/or natural features will result in screening that
meets the requirements of this section. The requirement that 50% of
the screen's length be comprised of evergreen plant material shall
only apply to newly installed plant material whether at the time of
initial installation or installation to replace required plant material
that has died.
(3) If located more than 10 feet from the building or other facility
being screened, the lateral dimension of the screening shall include
the facility being screened plus 100 feet from the ends of all sides
of the facility.
(4) If located less than 10 feet from the building or other facility
being screened, the lateral dimension of the screening shall include
the facility being screened plus 25 feet from the ends of all sides
of the facility.
e. Lighting:
(1) Lights at facilities listed in Subsection 506.a(3)(b) and at any
driving range or golf course shall not be used between the hours of
11:00 p.m. and 6:00 a.m., prevailing time.
(2) All exterior lighting for Country Club installations shall comply with Part
K of this chapter.