The following regulations shall be applicable to all buildings,
structures, uses and lots, wherever situate.
When a lot has frontage on a public street which is or will
be subject to a widening of the cartway, all required dimensional
requirements, restrictions and limitations shall be measured from
the edge of the right-of-way.
Any and all areas between the corner of the building and the
front lot line shall be considered as front yards, with all uses,
buildings or structures regulated accordingly. Where a building may
be seen to front on more than one street, the United States Postal
Service address will determine the front lot line.
Any area necessary to satisfy a setback, yard or open space
requirement for a building, structure, use or lot shall not be part
of, incorporated into or considered as any required setback, yard
or open space for any other building, structure, use or lot.
No building, structure or use shall be utilized or occupied
unless the lot upon which the building, structure or use is situate
has 10 feet of frontage on a public street, improved to Borough specifications
and dedicated and accepted by the Borough. Every building in which
a dwelling unit is located shall have its own frontage on a public
street as mentioned herein and without requiring travel in or around
another use or building. Townhouses or apartment complexes may abut
private streets, provided that such private streets are improved to
Borough standards.
The following regulations shall apply to any and all accessory
uses, buildings and structures wherever situate:
A.
Accessory uses, buildings and structures shall conform to the front
and side yard setbacks of the primary use, building or structure situate
upon the lot, unless otherwise specified.
B.
Buildings or structures attached to or forming an integral part of
a primary building or structure and utilized for an accessory use
shall not be considered as accessory buildings or structures.
C.
Storage sheds shall not exceed 240 square feet in size; greenhouses
shall not exceed 240 square feet in size; and animal shelters shall
not exceed 16 square feet in size.
[Amended 5-2-2016 by Ord.
No. 2016-659]
D.
Residential sales offices are permitted accessory uses, but such
uses must be discontinued within six months of completion of the last
on-site residential unit offered for sale.
E.
Amusement devices shall be permitted as accessory uses to any commercial
use at a ratio of one amusement device per 400 square feet of customer
service area or fraction thereof. For the purpose of this section,
kitchens, storage areas, rest facilities, office areas and passageways
shall not be included in computing customer service area. Each commercial
use, regardless of its size, shall be permitted at least two amusement
devices. No amusement device shall be audible beyond the premises
within which it is located. Amusement devices shall be permitted without
restriction in public and private establishments which are licensed
and regulated by the Pennsylvania Liquor Control Board.
A.
Within any clear sight triangle, there shall be no obstruction between
2 1/2 feet and eight feet above grade.
B.
No obstruction in excess of 24 inches in height shall be permitted
for a depth of 10 inches from the edge of any street or road, unless
such obstruction is 10 feet or more from a driveway, or any portion
thereof.
C.
Where no clear sight triangle exists, but where driveways or crosswalks
enter public streets, at the discretion of the Zoning Officer, plantings
and temporary structures may be treated under the provisions of the
clear sight triangle restrictions to provide for public safety.
Clear sight distances shall conform to the following schedule:
Sewer services to any building, structure or use shall conform
to the following:
A.
Any building, structure or use utilized by the general public, the
employer or employees shall be provided with flush-type toilet facilities.
B.
No cesspool or drilled sinkhole shall be constructed or used for
the disposal of any sewage or similar waste.
C.
No septic tank, drainfield, sand mound or part thereof shall be located
within 100 feet of any well or within 10 feet of any property line.
D.
No well shall be located within 100 feet of any septic tank, drain
field, sand mound or part thereof.
Stripping of topsoil for sale or for use on other premises is
strictly prohibited, except as permitted in this section. Topsoil
moved to accommodate construction shall be retained and redistributed,
after construction, over all areas not occupied by buildings, structures,
walks or other improvements to a minimum depth of eight inches. Any
excess may be removed for sale or reuse.
Emergency access shall be provided by way of streets, or sidewalks,
either paved or concrete, at the front and rear of all buildings which
have a width exceeding 250 feet. No emergency access shall be located
more than 200 feet from the building it services. If emergency access
requirements are satisfied by constructing a sidewalk, such sidewalk
shall be at least 10 feet wide and shall have a minimum radius of
50 feet at turns and intersections.
By administrative review by the Zoning Officer, the front yard
of a proposed building may be decreased in depth to the average alignment
of existing buildings on the same block frontage (both sides) located
within 100 feet of the proposed building.
When permitted, garden apartments shall conform to the following:
A.
No dwelling units shall be constructed, erected or are established
that are 50% below grade.
B.
No story or floor of a building shall be more than one flight of
stairs away from the main entrance unless accessible via an elevator.
[Amended 8-2-2021 by Ord. No. 2021-709]
C.
Each dwelling unit shall contain complete kitchen, toilet, bathing
and sleeping facilities and shall have a minimum habitable area as
follows:
|
Apartment
|
Square Feet
|
|---|---|
|
Efficiency or Studio
|
400
|
|
1 bedroom
|
550
|
|
2 bedroom
|
700
|
|
3 bedroom
|
850
|
D.
Storage space having a minimum of 50 square feet and no less than
five feet in height shall be provided in each building for each apartment
in addition to the habitable floor area requirement.
E.
Sufficient laundry, drying, garbage pickup and other utility areas
shall be provided and screened from view by a fence, wall or solid
shrubbery at least six feet in height at the time of planting. Fencing
and walls shall not be more than 50% open.
F.
Each building or structure shall have no more than 36 dwelling units.
[Amended 8-2-2021 by Ord. No. 2021-709]
G.
The facade of any building or structure shall not exceed 70 feet
in length, unless making an angle turn or having an offset of at least
five feet within each 70 feet of length.
H.
Every building shall have a minimum setback of 10 feet from any and
all interior roads, driveways and parking areas and 25 feet from any
other building.
I.
Courtyards bounded on three or more sides by the wings of a single
building or by the walls of separate buildings shall have a minimum
court width of two feet for each one foot in height of the tallest
adjacent building.
J.
Garages, not a part of a garden apartment dwelling structure, but
intended for the use of the residents in addition to all other accessory
buildings, shall be located at least 15 feet from the nearest wall
of any garden apartment dwelling structure.
K.
A strip of land at least five feet in width surrounding each building
shall be kept completely open except for foundation plantings. Open
space adjacent to, around or between buildings not surfaced as walkways,
driveways, parking area, utility areas or other required improvements
shall be graded and seeded to provide a thick stand of grass or other
plant material.
L.
Approaches to garden apartment dwelling structures and entrance areas
shall be attractively shrubbed and properly maintained.
M.
A ten-foot-wide buffer strip with screening shall be provided on all garden apartment property lines except for garden apartment property lines in common with property line(s) of a lot containing an existing garden apartment building or multifamily dwelling building. In addition to any other applicable requirements per Article XV of the Zoning Ordinance, evergreen trees starting at a minimum of six feet in height shall be planted 15 feet off center and properly maintained to provide screening on all garden apartment property lines except for garden apartment property lines in common with property line(s) of a lot containing an existing garden apartment building or multifamily dwelling building.
[Amended 8-2-2021 by Ord. No. 2021-709; 12-6-2021 by Ord. No. 2021-715]
N.
Driveways shall be limited to two per development or one driveway
for each 150 feet of street frontage.
O.
A minimum of 10% of the total tract area, exclusive of the normal
dwelling yards, buffer strips and parking areas, shall be designated
for common recreational purposes. No recreational area shall be less
than 4,000 square feet in area nor less than 40 feet in width. Areas
shall be located to be convenient to dwelling units. Sand boxes, swings,
slides or other recreational equipment may be required. The foregoing
requirements are mandatory unless and until Borough Council approves
the payment of fees in lieu of required recreation land dedication
in accordance with Bath's Subdivision and Land Development Ordinance
and said fees are received by the Borough.
[Amended 8-2-2021 by Ord. No. 2021-709]
P.
Driveways, parking areas, dwelling entranceways and pedestrian walks
shall be provided with sufficient illumination to minimize hazards
to pedestrians and motor vehicles utilizing the same. Light sources
shall, where necessary, be shielded to avoid glare disturbing to occupants
of apartments and of adjacent properties.
Q.
All on-site utility services shall be installed below ground level.
R.
A garden apartment building located on a lot abutting State Route
512 may have parking spaces occupy the front yard area abutting State
Route 512, provided, however, said parking spaces shall be setback
at least 15 feet from the Commonwealth of Pennsylvania's right-of-way
for State Route 512.
[Added 12-6-2021 by Ord. No. 2021-715]
When permitted, high-rise apartments shall conform to the following:
A.
Any dwelling unit constructed by or subsidized by an agency of the government or government the United States or of the Commonwealth of Pennsylvania and which has restrictions on occupancy by reason of age, income or other unique condition, shall meet the minimum habitable floor area standards established by that agency, or, in the absence of such standard, shall meet the standards set forth in Subsection E. Any dwelling unit which, pursuant to this section, is constructed with less habitable floor area than that required by Subsection E, shall not thereafter be occupied by persons not having the unique condition upon which the special permit was based unless it is conclusively demonstrated to the Board that the intended change in occupancy will not result in overcrowding or cause an increase in density or traffic congestion.
B.
Off-street parking.
(1)
Notwithstanding any other provision in this Zoning Ordinance,
the Board may authorize a reduction in the number of off-street parking
spaces required, as follows:
|
Type of Government Built or Subsidized Housing
|
One Space for Number of Dwelling-Units
|
|---|---|
|
Low-income elderly
|
10
|
|
Moderate-income elderly
|
5
|
(2)
These ratios shall apply only to those dwelling units described,
any other dwelling units, whether located within the same building
or within a separate building, shall be provided with 2 1/2 spaces
per dwelling unit.
C.
The Board may permit an increase in the number of stories of a high-rise
apartment after review of the proposal by the Planning Commission
and Public Safety Officer if it is determined that the overall density
of the area, the character of the area, traffic flow and congestion,
and the welfare of the community-at-large will not be adversely impacted.
D.
There shall be no dwelling located below the ground floor unless
there is a seven-foot or more differential in grade between the front,
rear or any side of the building.
E.
Each dwelling unit shall contain complete kitchen, toilet, bathing
and sleeping facilities and shall have a minimum habitable area as
follows:
|
Apartment
|
Square Feet
|
|---|---|
|
Efficiency or studio
|
400
|
|
1-bedroom
|
550
|
|
2-bedroom
|
700
|
|
3-bedroom
|
850
|
F.
Storage space having a minimum of 50 square feet and no less than
five feet in height shall be provided in each building for each apartment
in addition to the habitable floor area requirement.
G.
Sufficient laundry, drying, garbage pickup and other utility areas
shall be provided and screened from view by a fence, wall or solid
shrubbery at least six feet in height at the time of planting. Fencing
and walls shall not be more than 50% open.
H.
Courtyards bounded on three or more sides by the wings of a single
building or by the walls of separate buildings shall have a minimum
court width of two feet for each one foot in height of the tallest
adjacent building.
I.
A high-rise apartment shall not be located within 30 feet of any
accessory structure or 50 feet of any building which contains dwelling
units.
J.
A fifteen-foot-wide buffer strip with screening shall be maintained
on all high-rise apartment property boundary lines.
K.
Accessways shall be limited to two per development, plus one additional
accessway for each 150 feet of street frontage.
L.
A minimum of 10% of the total tract area, exclusive of the normal
dwelling yards, buffer strips and parking areas, shall be designated
for common recreational purposes. No recreational area shall be less
than 4,000 square feet in area nor less than 40 feet in width. Areas
shall be located to be convenient to dwelling units. Sand boxes, swings,
slides or other recreational equipment may be required.
M.
All utility services shall be installed below grade.
Church spires, bell towers, smoke stacks, antennas, and similar
structures are exempt from any and all height limitations except those
of the airport zones.
Mobile home parks shall conform to the following:
A.
All mobile home parks shall contain a minimum of 15 acres.
B.
Each lot in an approved mobile home park shall contain a minimum
of 2,500 square feet.
C.
The maximum density in each mobile home park shall not exceed eight
mobile homes, travel trailers, house trailers or mobile offices per
acre.
D.
Mobile home parks must have at least two points of ingress and egress
separated by not less than 250 feet.
E.
All interior streets in the mobile home park shall be paved with
an approved durable paving material, shall be of adequate width to
accommodate anticipated traffic, and shall meet the following minimum
requirements:
F.
All water supplied to a mobile home park shall be obtained from the
Borough water system.
G.
The sanitary sewage system serving any mobile home park shall be
connected to a central sewage disposal system. All mobile homes, house
trailers, travel trailers and mobile offices shall be connected to
this system.
H.
All installation of electrical, telephone and television cable service
lines shall be provided for in approved underground conductors. All
transformers related to these services shall be installed flush with
grade level or below.
I.
Each mobile home park shall provide fire hydrants within 300 feet of any mobile home, travel trailers, house trailers or mobile offices. These hydrants shall be at a capacity and pressure as sited in Chapter 580, Subdivision and Land Development. The requirements of this section shall apply to service buildings, recreation or other service buildings in the park, such as:
K.
All mobile home parks shall provide screening along all sides abutting
public streets or other properties.
L.
Each mobile home parking lot shall be provided with a minimum of
two off-street parking spaces.
Antennas and antenna structures shall be permitted in all zoning
districts and shall conform to the following:
A.
Antennas or antenna structures shall conform to all applicable federal,
state and local codes and chapters, and shall conform to the setbacks
required for the primary use located on the premises.
All illumination shall be subject to the following rules and
regulations:
A.
No exposed reflective-type bulb or incandescent lamp which exceeds
15 watts shall be used in a way which exposes the luminaire to any
public street or to the living area of any other residential structure.
B.
No exterior lighting utilized on private property shall transmit
light beyond the property line or onto any abutting property line
at an intensity greater than 0.5 footcandle.
[Amended 3-4-2013 by Ord.
No. 2013-628]
All new uses shall require adequate off street parking, except
that additional off-street parking for new and expanded business uses
in the Parking Overlay District shall not require off-street parking
beyond that which exists on January 1, 2013.
Migratory hazards are prohibited in all zoning districts.
A.
A cemetery shall be on a lot at least two acres in area.
B.
All structures and graves shall be set back a minimum of 50 feet
from the lot line of an abutting residential use or any abutting residentially
zoned lot, 25 feet from the right-of-way of any public street and
five feet from the cartway of an internal driveway.
C.
No grave sites shall be located within the one-hundred-year floodplain.
A.
No loudspeaker or amplifying device shall be permitted which will
project sound so as to disturb the peace.
B.
Lighting perceptible beyond the property line shall be minimized.
C.
Shall include adequate fencing surrounding any outdoor activity that
may impact surrounding properties.
D.
Wash basins, water closets, showers and similar public conveniences
shall be provided and shall be in accordance with the applicable regulations
of the Commonwealth of Pennsylvania.
E.
Equestrian trails and stables are permitted, providing no part of
any structure housing or intended to house more than two head of livestock
may be located closer to a tract boundary than 100 feet or closer
to a dwelling on an adjoining premises than 200 feet.
F.
No projectile, including but not limited to bullets, pellets and
arrows, shall be propelled in such a manner or in such a direction
as to cause the projectile to leave the property.
G.
Discharge of firearms or propelling of projectiles shall be confined
to approved firing or target ranges equipped with adequate backstops
and safety fences.
H.
Firing or target ranges shall be no closer to a property line than
100 feet, except that outdoor ranges for the discharge of firearms
shall be no closer than 250 feet.
I.
Ranges for the discharge of firearms shall not be used after 10:00
p.m. nor before 7:00 a.m. and must have adequate lighting during non-daylight-use
hours.
A.
At least two access roads or driveways with a minimum width of 20
feet shall be provided from an arterial or collector street.
B.
Adequate measures should be taken to avoid very serious noise conflicts
with emergency sirens in the vicinity of a residential district.
C.
A minimum lot size of two acres is required.
Notwithstanding the lot area, width, and building coverage requirements
of any district listed, a permitted or special exception use of the
district may be erected on a lot with less than the required lot width
or area if the lot existed at the effective date of the Bath Borough
Zoning Ordinance of 1978 and if the lot was separately owned and not
adjacent to any lot in the same ownership of the effective date of
the Bath Borough Zoning Ordinance of 1978. In addition, the aggregate
width of the side yards shall not be less than 25% of the lot width,
and the minimum side yard shall be three feet.
B.
Weekly religious education rooms and meeting rooms are permitted
accessory uses, provided that such uses are of such a character and
intensity that they would be clearly customary and incidental to the
place of worship. A nursery school/day-care center is also permitted,
within the requirements for such use in this chapter. Noncommercial
buses used primarily to transport persons to and from religious services
may be parked on the lot.
C.
A maximum of one dwelling unit may be accessory to a place of worship
on the same lot.
No more than two vending machines, whether or not coin-operated,
shall be located outside the principal building and any such machines
shall be subject to the yard requirements of the district in which
they are located.
Materials or supplies not intended for immediate use by the
owner/occupant of a property for an activity permitted under this
chapter relative to that property must be stored in an appropriate
enclosed structure in all residential zones and effectively screened
in all other zones.
[Amended 5-2-2016 by Ord.
No. 2016-659]
A.
Except as otherwise set forth in this chapter, no inoperative or
unregistered motor vehicle or boat shall be parked, kept or stored
outside of a garage or building on any premises. No vehicle or boat
shall at any time be in a state of major disassembly, disrepair, or
in the process of being stripped or dismantled outside of a garage
or building on any premises. Painting of a vehicle or boat is prohibited
unless conducted inside a spray booth approved pursuant to any applicable
Borough, state and federal law.
B.
Exception. A vehicle or boat of any type is permitted to undergo
major overhaul, including body work, provided that such work is performed
inside a building designed and approved for such purposes pursuant
to any applicable Borough, state and federal law.
A home occupation shall be allowed based on compliance with
the following criteria:
A.
A home occupation shall occupy a space which constitutes less than
25% of the floor area of the dwelling. The occupation shall not occur
in a garage or other accessory building, nor shall such structures
be used for the computation of the floor area.
B.
C.
No home occupation shall require structural alterations of an existing
structure. The exterior design shall reflect the principal residential
use of the structure.
D.
Signs associated with the home occupation shall conform to the provisions of Article XIX of this chapter.
E.
The parking needs of the home occupation shall be through the use of off-street parking areas according to the provisions of Article XVII of this chapter.
F.
The home occupation shall not create noise, vibration, glare, odors,
fumes or electrical interference beyond the bounds of the property
to any extent greater or more frequent than ordinarily associated
with the dwelling unit.
G.
All storage of materials associated with the home occupation shall
be in enclosed buildings.
H.
No vehicles with commercial license plates or trailers or construction
equipment associated with the home occupation shall be stored on the
property in a residential zone.
A pool designed to contain a water depth of 24 inches or more
which shall meet the following requirements:
A.
A pool shall be located in either a rear or side yard and shall meet
the set back requirements for the district it is proposed.
B.
Every swimming pool shall be entirely enclosed with a good quality
chain-link, wooden, or other equivalent fence of not less than four
feet in height nor greater than six feet in height. A locking gate
shall be provided.
C.
No pool shall be placed under an electric utility line.
D.
No loudspeaker or amplifying device shall be permitted which will
project sound beyond the boundaries of the lot where the pool is located.
E.
No lighting shall shine beyond the lot boundary where the pool is
located.
F.
Water for the pool supplied from a private well shall not have a
cross-connection with the public water supply system. When water is
supplied from the public water supply system, the inlet shall be above
the overflow level of said pool.
G.
No permit shall be granted for installing or constructing a pool
with a capacity of 10,000 gallons or more unless the Borough Engineer
has certified that the proposed drainage is adequate and that the
drainage will not interfere with any public water supply system, with
any existing sanitary facilities or with any public street.
All utilities (except for electrical utility transmission lines
of 230 KV or more or radio and microwave antennas) erected, installed
or replaced after the adoption of this chapter shall be placed underground.
All future utility meters, new installation or replacement shall occur
at the rear of the property if service is available from the rear
property access.
When any structure is converted to provide for apartments or
dwelling units in a preexisting structure, the following additional
regulations shall apply:
A.
Parking. Three off-street parking spaces shall be provided for each unit. The parking spaces shall be at least nine feet by 11 feet and shall be clearly striped. Each parking lot shall be provided with buffer strips and screening as set forth in Article XV of this chapter.
B.
Area requirements. The following minimum floor area sizes shall be
required when converting to multifamily dwellings:
|
Apartment
|
Square Feet
|
|---|---|
|
1 unit
|
550
|
|
2 units
|
700
|
|
3 units
|
850
|
|
4 units
|
1,000
|
No-impact home-based businesses must satisfy the following requirements:
A.
No-impact home-based business shall be owned and controlled by a
resident of the property on which the activity takes place. Termination
of residence by the owner who establishes the no-impact home-based
business shall automatically terminate zoning and occupancy permits
for the no-impact home-based business.
B.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
C.
The business shall employ no employees other than the family members
residing in the dwelling at the site.
D.
There shall be no display or sale of retail goods and no stockpiling
of parts or inventory beyond that required for use or sale within
a twelve-month period (as determined by demonstrated historic use
and sale patterns).
E.
The minimum lot and yard requirements are as applicable for the principal
use.
F.
Only one vehicle, not to exceed a one-ton payload capacity, may be
utilized by the business.
G.
There shall be no appearance of a business use, including but not
limited to parking, signs or lights.
H.
There shall be no tractor-trailer deliveries to the home-based business.
I.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical interference,
including interference with radio or television reception, which are
detectable outside of the residential structure.
J.
The business activity may not generate any solid waste or sewage
discharge which, in volume or type, is not normally associated with
residential uses in the neighborhood.
K.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
L.
The business may not involve any illegal activity.
