A.
Where any provisions of this chapter conflict with other applicable
state and federal laws, the stricter shall apply. In particular, this
chapter does not intend to conflict with any of the laws or acts regarding
mining and agriculture as are outlined in Section 603(b) of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10603(b).
B.
This chapter is not intended to annul or supercede any private easements,
covenants, or agreements, except where provisions of this chapter
are more restrictive. The zoning officer shall not be responsible
for the enforcement of the aforesaid agreements unless the Planning
Area is a party thereof.
C.
The zoning classification of improved and unimproved rights-of-way
within the Planning Area boundaries shall be considered part of the
adjacent zoning district. In cases where these areas are bordered
by more than one district, the abutting zoning shall extend to the
centerline of the subject right-of-way. Thus, any activities or use
of existing rights-of-way which become private property through adverse
possession or any other legal claim to said property shall adhere
to the standards of its respective zoning district classification.
D.
Zoning classifications as initially determined follow existing parcel
boundaries, as defined by recorded deeds. However, the revision, through
subdivision, or current boundary lines does not constitute any revision
of zoning district boundaries, which shall retain the boundary of
the original lot line, unless an amendment to the Zoning Map and the
Zoning Ordinance is approved.
E.
In cases where the lines of a zoning district, as initially determined
by the Zoning Map, cross a parcel such that the parcel possesses multiple
areas of zoning classification, said lines shall be determined as
lines extending from the most adjacent parcel or lot boundary, where
the zoning extends to said boundary, to the next immediate lot or
parcel boundary to which the zoning boundary of the particular district
coincides. The aforementioned situations occur, initially, on through
lots where one face of the block on which the through lot fronts possesses
one zoning and the other lies within a different zoning district.
F.
Permitted use interpretation.
(1)
The permitted uses defined in this chapter are based upon the
North American Industrial Classification Standard, 2002. Uses are
listed by the numerical code, as defined and presented in the aforesaid
national standard. As such, uses listed at particular code levels
shall be inclusive of all specific uses classified as part of the
listed code level, unless such more detailed uses are specifically
exempted or restricted.
(2)
Where any use specifically defined within this chapter conflicts
with the use definitions utilized by the North American Industrial
Classification Code, the use defined in this chapter shall prevail.
Therefore, when uses specifically defined within this chapter separate
from or conflicting with the NAICS Code are presented or specifically
restricted, the function and intent of said uses shall prevail against
any such conflicting interpretations as defined in the NAICS Code.
(3)
No portion of this chapter shall be interpreted such that it
violates the Federal Fair Housing Act, the 1988 Fair Housing Amendments
Act, and related Housing and Urban Development regulations. In particular,
the term "family" shall apply to unrelated members regardless of their
membership in classes protected by the aforementioned acts and regulations,
including handicap.
The Planning Area desires to permit an adequate range of residential
and economic opportunities, public uses, and services while integrating
a range of uses that protects the public health, safety, and welfare
of the community as well as the traditional character of the Planning
Area. The following standards shall constitute uniform performance
standards for all uses within the Planning Area and shall further
define the character of the use. Any use which cannot demonstrate
compliance with the following performance standards shall not be deemed
as an authorized use.
A.
No use shall, as part of its production process, emit any hazardous
materials in any manner.
B.
Storage of hazardous materials shall be within a principal structure.
C.
Storage of hazardous waste shall be within a principal building and
shall not constitute a principal use; whereby said storage shall be
temporary, being permanently disposed of off site.
D.
No use shall be noxious or offensive by reason of the emission of
odor, dust, fumes, smoke, gas, vibration or noise detectable at the
property line as to constitute a nuisance or otherwise conflict with
any municipal ordinance.
E.
No establishment, excepting municipal and school district activities,
as part of its regular operations, shall exceed the noise levels as
measured at the property lines of the parcel upon which the establishment
is operated in the following manners:
(1)
The sound level at any one point in time exceeds 90 decibels.
(2)
The sound exceeds any of the established limits in Subsection E(1) by a measured sound level of 10 dB(A) for a cumulative total of one minute or more out of any ten-minute period.
(3)
The sound exceeds any 75 decibels continually for a period of
five minutes, or a total of five minutes out of any 10 minutes.
(4)
Where stricter noise standards are adopted by local ordinance,
the stricter shall prevail.
F.
On-site display of products associated with an authorized establishment
shall be limited to impervious areas improved as sidewalks or paved
as parking lots pursuant to the construction standards of the respective
municipality. Said areas specifically designated or intended for the
use of such displays shall not exceed 15% of the gross floor area
of the associated establishment. Storage or display of merchandise
accessory to or as part of the principal use of a retail establishment
shall be limited to the gross floor area occupied by the principal
establishment and shall be housed within a fence of at least six feet
in height.
A.
Permitted obstructions in required setbacks: all setbacks.
(1)
Chimneys, removable awnings, eaves, gutters, and architectural
elements not directly housing interior living space may project two
feet into any setback.
(2)
Stairs may project five feet into any given setback; but shall
not locate closer than five feet to any property line.
(3)
Pavement, masonry, and other items which are installed at grade
level are exempted from the setback provisions.
B.
Permitted obstructions in side and rear yard setbacks.
(1)
Fences in all residential, N, MU, and Traditional Neighborhood
Development Districts shall be permitted up to six feet. No fences
shall be constructed of potentially injurious materials such as barbed
wire. Fences on lots with nonconforming structures, which infringe
on a front yard setback, may infringe on the front yard setback up
to the building line of the existing structure.
(2)
Fences in the GR and M Districts up to eight feet in height
are authorized and may be located within five feet of the adjoining
property line, wherein fences exceeding such heights are authorized
subject to all setbacks, buffering, and related standards imposed
on principal structures by this chapter.
D.
Permitted excesses of maximum heights. The following may exceed the
maximum height specified by zoning district by the following amounts:
The following categories shall be defined by the tables which respectively follow them, in accordance with § 300-400C of this chapter. Categories, defined or listed below, which do not rely upon NAICS codes, shall be defined within Article III, Definitions.
A.
Large-scale industrial, warehouse, and service uses.
(1)
The following uses constitute nonretail and nonresidential uses
which are large-scale in terms of intensity of land use and intensity
of impact on surrounding uses.
(2)
Uses.
|
Code
|
Description
|
|---|---|
|
237
|
Heavy and civil engineering construction
|
|
311
|
Food manufacturing
|
|
312
|
Beverage and tobacco product manufacturing
|
|
316
|
Leather and allied product manufacturing
|
|
321
|
Wood product manufacturing
|
|
322
|
Paper manufacturing
|
|
324
|
Petroleum and coal products manufacturing
|
|
325
|
Chemical manufacturing
|
|
326
|
Plastics and rubber products manufacturing
|
|
327
|
Nonmetallic mineral product manufacturing
|
|
331
|
Primary metal manufacturing
|
|
333
|
Machinery manufacturing
|
|
336
|
Transportation equipment manufacturing
|
|
4215
|
Metal and mineral (except petroleum wholesalers)
|
|
4227
|
Petroleum and petroleum products wholesalers
|
|
45431
|
Fuel dealers
|
|
484
|
Truck transportation
|
|
4854 and 4855
|
School and employee bus transportation, charter bus industry
|
|
4859
|
Other transit and ground passenger transportation
|
|
49313
|
Farm product warehousing and storage
|
|
5324
|
Commercial and industrial equipment rental and leasing
|
|
611519
|
Other technical and trade schools. (Limited to heavy equipment
and truck driver training schools as included in 611519)
|
|
8113
|
Commercial and industrial machinery and equipment (except automotive
and electronic) repair and maintenance
|
B.
Small-scale industrial, warehouse, and service uses.
(1)
The following uses constitute nonretail and nonresidential uses
which are comparatively small-scale in terms of intensity of land
use and intensity of impact on surrounding uses.
(2)
Uses.
|
Code
|
Description
|
|---|---|
|
233
|
Building, developing, and general contracting
|
|
235
|
Special trade contractors
|
|
313
|
Textile mills
|
|
314
|
Textile mill products
|
|
315
|
Apparel manufacturing
|
|
332
|
Fabricated metal product manufacturing
|
|
334
|
Computer and electronic product manufacturing
|
|
337
|
Furniture and related product manufacturing
|
|
339
|
Misc. manufacturing
|
|
42
|
Wholesale trade (except 4215, Wholesale metal and mineral [except
petroleum wholesale]; 42252, Livestock wholesale; and 4227, Petroleum
and petroleum product wholesale)
|
|
453
|
Direct selling establishments
|
|
4853
|
Taxi and limousine service
|
|
493
|
Warehousing and storage (except 49313, Farm product warehousing
and storage)
|
|
511
|
Publishing industries
|
|
53112
|
Lessors of nonresidential buildings
|
|
5321
|
Automotive equipment rental and leasing
|
|
56172
|
Janitorial services
|
|
56173
|
Landscaping services
|
C.
Office, administrative, and service-related industries.
(1)
The following uses constitute service and administrative activities,
the scale and scope of which function as office related uses and activities.
(2)
Uses.
|
Code
|
Description
|
|---|---|
|
52
|
Finance and insurance
|
|
531
|
Real estate (except for mobile home rental and leasing under
53112)
|
|
533
|
Lessors of nonfinancial intangible assets (except copyrighted
works)
|
|
54
|
Professional, scientific, and technical services
|
|
55
|
Management of companies and enterprises
|
|
561
|
Administrative and support services (except 56173, Landscaping
services)
|
|
6211
|
Offices of physicians
|
|
6212
|
Offices of dentists
|
|
6213
|
Offices of other health practitioners
|
|
6216
|
Home health care services
|
|
6243
|
Vocational rehabilitation services
|
|
813
|
Religious, grantmaking, civic, professional, and similar organizations,
excepting religious uses.
|
D.
Large-scale retail and service.
(1)
The following retail and service-related activities constitute retail-related uses, the scale and impact of which are large-scale in terms of intensity of land use and intensity of impact on surrounding uses. Said uses include those listed under Subsection D(2) as well as small-scale retail and service uses individually exceeding 5,000 square feet of gross floor area.
(2)
Uses.
|
Code
|
Description
|
|---|---|
|
4411
|
Automobile dealers
|
|
4412
|
Other motor vehicle dealers
|
|
447
|
Gasoline stations
|
|
452
|
General merchandise stores
|
|
53112
|
Lessors of nonresidential buildings (except mobile homes rental
or leasing)
|
|
7211
|
Hotels (except casino hotels) and motels
|
|
71312
|
Amusement arcades
|
|
71395
|
Bowling centers
|
|
811192
|
Car washes
|
E.
Small-scale retail and service.
(1)
The following retail and service-related activities constitute
retail-related uses, the scale and impact of which are small-scale
in terms of intensity of land use and intensity of impact on surrounding
uses and which, per establishment, occupy 5,000 or less square feet
of gross floor area.
(2)
Uses.
|
Code
|
Description
|
|---|---|
|
323
|
Printing and related support activities
|
|
4413
|
Automotive parts, accessories, and tire stores
|
|
442
|
Furniture and home furnishings stores
|
|
443
|
Electronics and appliance stores
|
|
444
|
Building material and garden equipment and supplies dealers
|
|
445
|
Food and beverage stores
|
|
446
|
Health and personal care stores
|
|
448
|
Clothing and clothing accessory stores
|
|
453
|
Miscellaneous store retailers
|
|
454
|
Non-store retailers (except 4543, Direct selling establishments)
|
|
492
|
Couriers and messengers
|
|
5133
|
Telecommunications (excluding cellular tower or communications
towers as separately regulated in this chapter)
|
|
5322
|
Consumer goods rental
|
|
71394
|
Fitness and recreational sports centers
|
|
722
|
Food services and drinking places
|
|
8111
|
Automotive repair and maintenance (except 811192, Car washes)
|
|
8112
|
Electronic and precision equipment repair and maintenance
|
|
8114
|
Personal and household goods repair and maintenance
|
|
812
|
Personal and laundry services (except 81221, Funeral homes and
funeral services; and 81222, Cemeteries and crematories)
|
F.
Neighborhood public and semipublic uses.
(1)
The following uses constitute organizations and services of
a semipublic or public nature integrated into traditionally residential
neighborhoods, such that said uses provide services and opportunities
which enhance the livability and sustainability of the neighborhood
while minimizing nuisances and protecting the character of the area
in which they locate.
(2)
Uses shall include 81221, Funeral homes and funeral services;
religious uses; day-care centers; adult day-services centers, and
local public uses.
G.
General hospitals.
H.
Elderly residential facilities.
I.
Psychiatric and drug abuse facilities.
(1)
The following uses provide outpatient, residential, or temporary
care for clients suffering from drug or substance addictions or psychiatric
conditions.
(2)
Uses shall include psychiatric outpatient clinic; mental health
partial hospitalization center; drug and alcohol partial hospitalization
center; drug and alcohol outpatient center; drug and alcohol intensive
outpatient center; 6222, Psychiatric and substance abuse hospitals;
and methadone clinics.
K.
Educational services.
(1)
These services constitute schools, colleges, continuing education
opportunities, etc.
(2)
Educational services shall include 61, Educational services
(except for 611512, Flight training schools; and uses comparable to
heavy equipment and truck driver training schools as may be included
in 611519, Other technical and trade schools.)
L.
Communications towers.
M.
Essential services.
N.
Essential service building.
O.
Forestry.
Q.
No-impact home-based business.
R.
Single-family.
S.
Duplex.
T.
Multifamily.
U.
Mixed-use building.
V.
Planned residential development.
W.
Traditional neighborhood development.
X.
Mineral removal or mining.
Y.
Normal agricultural operations.
