A.
Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 319-11), any land or structure shall only be used or occupied for a use specifically listed in these Articles III or IV as being allowed in the zoning district where the land or structure is located. Such uses shall only be allowed if the use complies with all other requirements of this chapter.
(1)
For manufacturing uses, the types of uses listed in this article
correspond approximately to the categories of the North American Classification
System, administered by the U.S. Department of Commerce. In case of
question about the categorization, such system shall be consulted.
B.
Additional regulations within the ROD Retail Overlay District.
(1)
Purpose. The ROD District is intended to promote retail stores, restaurants,
and other pedestrian-oriented uses in the heart of downtown Ephrata
and to enhance the character of the streetscape.
(2)
The ROD District shall apply as shown on the ROD District Map.[2] The ROD District includes the first 30 feet of depth of
any building in the following locations: a) fronting on Main Street
from Church Street to Lake Street; b) State Street from Sugar Alley
to Locust Street; c) Locust Street from Mentzer Alley to and including
Tax Map Parcel No. 7M7B-12-1, and d) Main Street, located within the
CBD District. The ROD District shall extend from one side property
line to the other.
[2]
Editor's Note: Said map is on file in the Borough offices.
(3)
Whenever any provisions of this section regulating uses within the
ROD District conflict with the standards regulating CBD District uses,
the standard regulating uses within the ROD District shall apply.
(4)
ROD District restrictions on ground-floor uses.
(a)
Within the ROD District, a minimum of 30 feet of the depth of
the ground-floor building area of any building fronting on Main Street
or State Street shall only be occupied by one or more of the following
uses:
[1]
Retail sales, excluding adult bookstores and flea markets.
[2]
Restaurant and eating establishments, excluding drive-through
facilities.
[3]
Exercise club.
[4]
Business services (such as photocopying).
[5]
Bakery (with retail sales).
[6]
Bank or other financial institution, which may include a drive-through
facility.
[7]
Personal service establishment.
[8]
Photography studio or shop.
[9]
Movie or live theater, excluding an adult movie theater or cabaret.
[10]
Public library.
[11]
United States Postal Service facility.
[12]
Telephone operating center.
[13]
Hotel or motel.
[14]
Tavern.
[15]
Museum.
[16]
Ephrata Borough municipal use.
[17]
Travel agency.
[18]
Offices.
(b)
Such ground-floor space in the ROD District specifically shall
not be converted into a residential use.
(5)
For purposes of the ROD District, "ground floor" shall mean and include
the first full story above the average finished grade adjoining a
street. If a use of the ground floor was lawfully nonconforming at
the time of enactment of this section, that space may be occupied
by a new tenant that is similarly nonconforming. For example, nonconforming
office space may be occupied by a new office tenant.
(6)
Within the ROD District, all portions of any building regulated by Subsection B(4) may be developed according to the CBD District regulations.
(7)
No side yards shall be required for structures within the ROD District,
except as may be necessary to comply with fire and construction codes.
(8)
Height. Within the ROD District, no building shall exceed five stories
or 65 feet in height.
(9)
Other Retail Overlay District requirements.
(a)
The majority of the front wall of any new principal building within the ROD District shall be located on the street right-of-way line, except as provided in § 319-23, such as when existing adjacent buildings have a different predominant setback. This requirement shall allow recesses or projections in the front setback of up to four feet in depth in accordance with Subsection B(9)(e) below.
(b)
All buildings shall have pedestrian-oriented frontages on the
ground floor which shall involve a building that is sidewalk-oriented
and physically and visually accessible by pedestrians from the sidewalk.
Frontages that are pedestrian-oriented shall have a transparent window
display area which showcases products for sale, or showcases art,
sculpture and the like and/or civic-like space accessible to pedestrians,
such as a landscaped plaza, courtyard or entrance court, a sculpture
garden, or a portico or colonnade.
(c)
No new vehicle curb cuts or driveways shall be created onto
Main Street within the ROD District.
(d)
Except for on-street curbside parking, all new parking shall
be located behind buildings and accessed off an existing street or
alley, or from an existing curb cut.
(e)
Any new building which exceeds 30 feet in width shall have recesses
or projections of up to four feet, so that no new vertical bay or
section of a building facade exceeds 30 continuous feet in width.
(f)
Doors and windows shall constitute no less than 50% of all frontage
walls on the ground floor.
(g)
No building shall have mirrored windows on the ground floor.
[1]
Editor's Note: The Table of Allowed Uses in Primarily Nonresidential Districts is included as an attachment to this chapter.
Section 319-13 shall apply.
The following are permitted by right accessory uses only to
a permitted by right or special exception commercial, industrial or
institutional use, provided that all requirements of this chapter
are met:
Section 319-11 shall apply.
A.
A commercial use or membership club in the NCD District shall not
be open to customers or patrons for business purposes between the
hours of 11:00 p.m. and 6:00 a.m. unless it was already regularly
open to the public during those hours immediately prior to the effective
date of this chapter. A commercial use or membership club may be approved
to be open after 11:00 p.m. as a special exception use if the applicant
proves to the satisfaction of the Zoning Hearing Board that such business
hours will not negatively impact dwellings in the vicinity. This provision
shall not apply to health care uses.
B.
A nonconforming commercial use or membership club in a residential
district shall not be open to customers or patrons for business purposes
between the hours of 11:00 p.m. and 6:00 a.m., unless the use was
already regularly open to the public during those hours immediately
prior to the effective date of this chapter.
A.
These provisions shall apply if age-qualified housing is used to allow an increased density under this chapter under Article V of this chapter.
B.
Age-qualified housing shall involve all housing units within a subdivision
or land development being permanently limited by deed and by any lease
to occupancy by at least one person age 55 and older, and with no
resident under age 18, except that a person under age 18 may temporarily
stay within a housing unit for a total of less than 62 days per calendar
year. An applicant alternatively may decide to use an age limit of
62 or above, or a similar age limit authorized by federal law.
C.
The applicant may also decide to permit one or more types of persons
classified by the Social Security Administration as disabled to reside
in age-qualified housing, regardless of their age, provided that a
minimum of 80% of the dwelling units shall meet the age limitations.
D.
A primary enforcement mechanism shall be established by the applicant,
such as through the owner of a rental development or by a homeowners'
association. The Borough shall be provided with secondary enforcement
authority that is intended to be used if such primary mechanism fails
to comply with its enforcement responsibilities. If the Borough needs
to utilize enforcement authority, the Borough's enforcement costs
shall be paid by the entity with the primary enforcement responsibility.
E.
If a household meets the age qualifications at the time of initial
occupancy of a dwelling unit, members of a household are not required
to leave if a person aged 55 or older later dies or leaves the household,
such as because of divorce, separation or need for nursing care.
F.
An age-qualified housing development may use a condominium or similar
form of ownership, with most yard areas being commonly maintained.
In such case, the buildings shall be laid out in such a manner so
that they would have been able to comply with dimensional requirements
for each lot, even though fee simple lot lines are not required.
G.
If an age-qualified development is approved within the RLD District, and it includes a minimum tract size of four acres, it shall meet the dimensional requirements for the RMD District. See § 319-12A for the housing types allowed in an age-qualified housing development. The development may also include a community center and noncommercial recreation facilities for residents and invited guests, a management/rental/sales office and maintenance facilities needed to serve the development.
H.
An age-qualified development shall include a minimum of 10% of the
total tract that is maintained for recreation use of the residents.
These recreation areas shall include landscaping where woodlands are
not preserved and shall include pedestrian trails, and may include
a community center. Vehicle parking areas shall not count towards
this percentage.
