Borough of Marietta, PA Article II Form and Function

§ 370-201 Chapter overview.

A. This Zoning Ordinance presents a straight forward and simple set of regulatory provisions related to retaining cohesive form and function of lot development within the Borough of Marietta.

B. Requirements for proposed development within the Borough of Marietta are summarized on the Article II zoning district/overlay maps as well as tables. These maps and tables include key development relationship pertaining to lot location, land use typologies, street typologies and additional development information applicable to the Borough of Marietta. As the relationship of buildings and streets is the foundation of the community, the way in which a lot presents its street wall as well as the way in which it is accessed by pedestrians and vehicles alike will enable the Borough of Marietta to maintain the development continuity of historical development patterns. The other articles of the chapter provide additional provisions related to zoning and land use.

C. How to use this chapter. To navigate through this chapter and determine the zoning parameters for any specific lot situated within the Borough of Marietta, an applicant should review and complete the following steps. A series of application process diagrams located on file at the Borough Municipal Building also outline the general parameters and steps associated with various types of development submissions.

Step	Parameter	Reference
Step 1	The Zoning Map illustrates the location of each parcel in its particular assigned Zoning District.
	In what Zoning District is my lot located?	See Map 1.
Step 2	Certain land uses are permissible in each Zoning District.
	What uses are permitted on my lot?	See Tables 1, 2 and 3.
	What is the minimum lot size?	See Table 4 and §§ 370-204 through 370-210.
Step 3	The established patterns of access between public accessways and private property within the Borough shapes the scale of development, access and nature of land uses that are permissible.
	What type of street does my property (lot) front?	See Map 2.
Step 4	In context of the Borough's established patterns, various building forms exist and thus, various building typologies are outlined.
	What kind/type of building is permitted where I live?	See Table 5 and §§ 370-204 through 370-210.
Step 5	Criteria applicable to each lot is also outlined. In some cases, there are minimum dimensional requirements; in some cases, there are maximum dimensional requirements.
	What are the various front, side and rear yard setbacks affecting my lot?	See Table 6.
	What type of roof is compatible with the rest of the Zoning District?	See §§ 370-204 through 370-210.
Step 6	Requirements for other aspects of development are also defined.
	How should buildings be oriented?	See Table 7.
	What are the off-street parking requirements and setbacks related to my lot?
	How much transparency is required?
	May I have a sign?	See Table 8.
Step 7	There is a process to obtain development approval. To complement this chapter, additional information is available at the Borough Municipal Building.
	How do I get municipal residential/outbuilding/nonresidential approval?	See process diagrams on file at the Borough Municipal Building

§ 370-202 Zoning Map; Street Typologies Map.

A. The Zoning Map is composed of a series of zoning districts. The boundaries between zoning districts are, unless otherwise indicated, either the center lines of streets, alleys, rights-of-way, lot lines, railroads, streams, or such lines extended.

B. The water surface and the land under the water surface of all waterways not otherwise zoned are placed in the same zoning district as the land which it abuts as shown on the Zoning Map. Where the zoning districts shown on the Zoning Map are different on opposite sides of the water area, then the zoning district on each side extends to the center line of midpoint of the water area.

C. Where zoning district and/or zoning overlay boundaries are not clearly fixed by the above methods, they will be determined by the use of the scale of the Zoning Map.

D. Where a street or alley shown on the Zoning Map is officially vacated by replatting or otherwise, the land formerly in such street or alley right-of-way is included within the zoning district of adjoining lot(s) on either side of the vacated street or alley. Where the street or alley was a zoning district boundary between two or more different zoning districts, the zoning district boundary is the former center line of the vacated street or alley.

E. When there is a disagreement on the location of zoning district boundaries, the Zoning Hearing Board will make a final determination as the Board has the power and duty of interpreting the intent of the Zoning Map in accordance with the spirit and purpose of this Zoning Ordinance.

F. Records of all Borough of Marietta Zoning Map amendments are located on file in the Borough Municipal Building.

G. The Borough of Marietta is divided into zoning districts as shown on the Borough of Marietta Zoning Map which is referred to as the "Zoning Map," and, together with all explanations on it, is adopted by reference and declared to be a part of this chapter.

H. The Borough of Marietta Zoning Map is identified by the signature of the President of the Borough Council, attested by the Borough Manager/Borough Secretary and bears the seal of the Borough of Marietta under the following words: "This is to certify that this is the Zoning Map referred to in Ordinance Number 2016-04 of the Borough of Marietta, Lancaster County, Pennsylvania," together with the date of adoption of this chapter.

I. No changes of any nature are made to the Zoning Map except in conformity with the procedures set forth in this chapter. Any unauthorized change will be considered a violation of this chapter.

J. The Zoning Map, located in the Borough of Marietta Municipal Building, is the final authority as to the current zoning status of the Borough of Marietta.

K. Any amendments, legally adopted to change any zoning district boundaries of the Zoning Map, are to be noted on the map by ordinance number and date of adoption of the amendment.

L. The Borough Council may, by this chapter, update the parcel lines as available from Lancaster County Assessment Office on the Zoning Map, noting the applicable date and source on the Map.

Map 1: Form-Based Zoning Map

Map 2: Street Typologies Map

§ 370-203 Zoning district uses and buildings.

A. Table 1 identifies which principal land uses are permissible in each of the Borough's zoning districts. After locating the zoning district in which the lot is located, use the listing of uses described in Table 1 to determine what uses are permissible by right, permissible by conditional use approval or permissible by special exception approval.

[Amended 3-10-2020 by Ord. No. 2020-02]

Legend:
P	=	Permissible by right
C	=	Permissible by conditional use
S	=	Permissible by special exception approval
	=	Not allowed

Table 1 Principal Land Use
Principal Land Use		Zoning District
		T/R/R	MW	MC	ME	RA	RB	M
RESIDENTIAL LAND USES
1	All other residential uses						S
2	Care facility (senior/care living)				S
3	Group care facility (youth/adult)						C
4	Group home		C				C
5	Mixed residential (multiple types on master planned lot)	P			S
6	Mobile home park						C
7	Multifamily dwelling - duplex	P	S		P	P	P
8	Multifamily dwelling - historic residential unit conversion	S	S	S	S	S	S
9	Multiunit dwelling - flats	S	S	S	S		S
10	Multifamily dwelling - townhouse	P		S	P	P	P
11	Single-family dwelling	P	P	P	P	P	P
NONRESIDENTIAL LAND USES
1	Adult-oriented establishment							C
2	All other nonresidential uses							S
3	Amusement arcade			P
4	Animal hospital	S		P				P
5	Artisan workspaces/galleries	P	P	P	P
6	Automobile services (including sales, service)	S						P
7	Bakery/green grocer/corner store	P	P	P
8	Banks and financial institutions	C		C
9	Bed-and-breakfast	P	S	P
10	Brew pub/tap room	P		P
11	Brewery/distillery	P		P				P
12	Cemetery/mausoleum					S
13	Commercial school	C	C	C	C
14	Commercial recreation	P		P				P
15	Community center	P	P	P
16	Convenience store							S
17	Cultural or civic institution (including school/academy, museum)	P	P	P	P
18	Day-care center (youth/adult)			C
19	Day-care home	P	P	P	P	P	P
20	Emergency services	S	P	P	S		S	P
21	Essential services (including public utility facilities and communications antennas)	P	P	P	P	P	P	P
22	Financial institution without drive-through	C		C
23	Food services, sit-down (including restaurant)	P	S	P	S
24	Food services, take-out/fast food/fast casual	S	S	S
25	Forestry	P	P	P	P	P	P	P
26	Fuel/service stations							S
27	Funeral home		P	S	S
28	Gas and oil well							S
29	Government operations		P	P	P
30	Hardware store	S	S	P				P
31	Health/fitness club	S	C	P
32	Home occupation, low-impact				S	S	S
33	Hotel/motel	S
34	Indoor recreation facility	S		S
35	Industry - craft	P	S	P			P	P
36	Industry - general							P
37	Industry - outdoor							P
38	Laundromat			S
39	Mixed-use	P	S	P
40	Noncommercial greenhouse	P	P	P	P	P	P	P
41	Office (including business, professional, medical, and veterinary)	P	P	P			S
42	Outdoor advertising							S
43	Outdoor park and recreational facility	P	P	P	P	P	P	P
44	Parking lot or facility, public	C	C	C	C	C	C	C
45	Parking lot, private	C	C	C	C	C	C	P
46	Personal and professional services	P	S	P	S
47	Pharmacy			P
48	Place of assembly/worship	S	S	S	S	S	S
49	Private garage							P
50	Public utility building	S						P
51	Research and development establishment							P
52	Retail, large-scale	C	S	C				P
53	Retail, recreational services	P		P
54	Retail, small-scale	P	S	P	S
55	Social club/hall	S
56	Spa/salon	P	S	P	S		S
57	Studio	P	P	P	P	P	P
58	Theater	P		P
59	Tower, communication							S
60	Tower, noncommunication	S						S
61	Warehouse							P
62	Wholesale business							P

B. The purpose of this table is to provide a snapshot of the general nature of the following conditional uses and uses by special exception. Specific regulations of each land use can be found in their associated section, indicated in the left-hand column.

Legend:
•	Applicable
	Not applicable

Table 2 General Nature of Conditional Use/Use by Special Exception Criteria
Reference	Use	Nature Of Criteria
		Area and Bulk Requirements/Regulations	Buffer yards/Setbacks	Construction	Design	Display	Disturbance Control	Dumpsters/Waste Disposal	Emergency Access Route	Gross Floor Area	Ingress/Egress	Landscaping/Open Space	Lighting	Location/Frequency	Maintenance	Management	Number of Units	Parking	Product Quality/Product Sales	Sewage	Sidewalks	Signage	State/Municipality Approval/Requirements	Storage	Visibility/Screening/Enclosures
	Residential Land Uses
§ 370-402A(1)	All other residential uses	•	•	•	•			•	•		•	•	•				•	•
§ 370-402A(2)	Care facility (senior/care living)	•	•				•		•			•						•		•	•		•		•
§ 370-302A(1)	Group care facility (youth/adult)	•					•	•						•				•					•		•
§ 370-302A(2)	Group home	•							•			•		•		•							•
§ 370-402A(3)	Mixed resi-dential (multiple types on master planned lot)	•	•															•
§ 370-302A(3)	Mobile home park	•	•													•									•
§ 370-402A(4)	Multi-family dwelling - duplex																	•
§ 370-402A(5)	Multi-family dwelling - historical residential unit con-version	•			•
§ 370-402A(6)	Multi-unit dwelling - flats	•	•	•	•		•	•	•	•	•	•				•	•							•
§ 370-402A(7)	Multi-family dwelling - townhouse																	•
	Nonresidential Land Uses
§ 370-302B(1)	Adult oriented establish-ment													•									•
§ 370-402B(1)	All other non-residential uses									•									•
§ 370-402B(2)	Banks and financial institutions										•
§ 370-402B(3)	Bed-and-breakfast	•		•			•									•	•	•				•
§ 370-402B(4)	Cemetery/mausoleum	•	•											•	•
§ 370-402B(5)	Com-mercial school																	•
§ 370-402B(6)	Con-venience store							•			•		•											•	•
§ 370-402B(7)	Emergency services	•									•				•
§ 370-402B(8)	Food services, sit-down (including restaurant)									•
§ 370-402B(9)	Food services, take-out/fast-food																	•					•
§ 370-402B(10)	Fuel/service stations	•	•										•	•								•		•	•
§ 370-402B(11)	Funeral home
§ 370-402B(12)	Gas and oil well	•	•				•				•	•													•
§ 370-402B(13)	Health/fitness club													•
§ 370-402B(14)	Home occupation, low-impact			•		•	•			•		•				•		•	•	•		•			•
§ 370-402B(15)	Hotel/motel								•					•		•
§ 370-402B(16)	Indoor recreation facility				•			•										•						•
§ 370-402B(17)	Laundro-mat						•									•
§ 370-402B(18)	Mixed use (non-residential at street level with resi-dential/non-residential upstairs)				•									•									•
§ 370-402(19)	Non-commercial greenhouse			•			•					•		•								•		•	•
§ 370-402B(20)	Office (including business, pro-fessional, medical and veterinary)
§ 370-402B(21)	Outdoor advertising	•	•	•	•		•					•	•	•	•							•	•		•
§ 370-402B(22)	Parking lot or facility, public	•	•									•	•
§ 370-402B(23)	Parking lot, private										•		•									•
§ 370-402B(24)	Personal and pro-fessional services									•
§ 370-402B(25)	Place of assembly/worship	•					•				•		•			•		•					•
§ 370-402B(26)	Public utility building	•			•																				•
§ 370-302B(2)	Retail, large-scale	•	•				•						•			•
§ 370-402B(27)	Retail, small-scale									•
§ 370-402B(28)	Social club/ hall					•										•
§ 370-402B(29)	Spa/ salon							•										•				•
§ 370-402B(30)	Studio													•					•
§ 370-402B(31)	Tower, com-munication	•	•				•					•	•	•	•	•							•	•	•
§ 370-402B(32)	Tower, noncom-munication			•
§ 370-402B(33)	Warehouse	•	•	•			•				•	•		•										•

C. Table 3: Accessory Uses.

Table 3 Accessory Uses
Legend: a = Accessory use	Zoning District
Accessory Use	Trail/Rail/River	Market West	Market Central	Market East	Residential A	Residential B	Maker
Accessory dwelling	a	a	a	a	a	a
Car wash							a
Carport	a				a	a	a
Communications antennas	a	a	a	a	a	a	a
Day-care (youth/adult)	a	a		a	a	a
Electronic and satellite dish antenna	a	a	a	a	a	a	a
Essential services	a	a	a	a	a	a	a
Home-based business, no-impact	a	a	a	a	a	a
Parking, private off-street	a		a	a	a	a	a
Parking, public off-street	a		a	a			a
Parking facility, private	a	a	a	a	a	a	a
Parking space(s), private off-street	a	a	a	a	a	a	a
Outdoor cafes	a		a	a
Outdoor entertainment (with restrictions1)	a		a
Outdoor wood furnace							a
Personal support services	a		a	a	a	a
Retail business (less than 2,000 square feet)	a			a			a
Sidewalk cafes	a		a	a
Solar collectors and solar-related equipment	a	a	a	a	a	a	a
Swimming pools	a	a	a	a	a	a
Wind energy conversion systems	a	a	a	a	a	a	a

NOTE:
1	See § 370-502J for performance standards and supplementary regulations: outdoor entertainment.

D. Table 4: General Bulk Standards; Basic Requirements.

Table 4 General Bulk Standards; Basic Requirements
Zoning Districts	Lot Size (minimum square feet)	Lot Width (minimum feet)	Impervious Surface Coverage (maximum percentage)
Trail Rail River	4,000	25	50%
Market East	2,500	20	80%
Market Central	3,000	20	100%
Market West	4,000	25	60%
Residential A	3,000	35	50%
Residential B	2,000	20	50%
Maker	15,000	75	70%

E. The following table contains general building forms commonly found in the Borough of Marietta. The intent of the identified building forms is to provide a rubric of permissible structure types that generally fit these characteristics. Additionally, the purpose of this table is to indicate the permissible or not-permissible location of each building form by street type.

Table 5 Building Form by Street Type
□	Permissible	Street Type
	Not Permissible
Building Form		S1 Arterial	S2 Collector	S3 Local	S4 Alley	S5 Way	S6 Lane
B1 Single		□	□	□	□
B2 Twin		□	□	□	□
B3 Row		□	□	□
B4 Mansion		□	□	□
B5 Mixed Residential		□	□	Only between Essex Street and Front Street and between Hull Street and Bridge Street
B6 Modular		□	□	□	□		□
		On an individual (non-mobile-home) lot basis only
B7 Flat		□	□	□
B8 Shop		□	□	□
B9 Single-Story Business		□	□	□			□
B10 Multistory Business		□	□	Only between Market Street and Essex Street between Hull Street and Decatur Street			□
B11 Civic		□	□	□
B12 Outbuilding A			□		□	□	□
B13 Outbuilding B			□		□	□	□

F. Table 6: Lot Configurations and Dimensional Standards.

Table 6

Lot Configurations and Dimensional Standards

Code	Regulation	Street Type
		S1 Arterial	S2 Collector	S3 Local	S4 Alley	S5 Way
A	Depth (minimum feet)	100	100	100	100	100
B	Front lot width (minimum feet)	See Table 4.
	Setbacks
	Principal structure setbacks
	Front
C	Minimum (feet)	0
D	Maximum (feet)	Average of adjacent lots
	Side
E	Minimum (feet)	2	0	0	2	2
F	Maximum (feet)	NA	NA	NA	NA	NA
	Rear
G	Minimum (feet)	25	25	25	25	25
H	Parking setback
	Front (feet)	5	5	5	5	5
	Side (feet)	5	5	5	5	5
	Rear (feet)	15	15	15	15	15

Note:

In no instances for a lot located on Street Types S1, S2 or S3 shall parking be permissible between the front lot line and the front building facade.

G. Table 7: Detailed Building Typology Summary

Table 7 Detailed Building Typology Summary
	= not applicable
Building Type		District: Applicable Street Typologies	Preferred Building Features				Example Building in Marietta
			Stoops	Patio/ Terrace	Porches	Summer Kitchens
B1 Single		Trail/Rail/River: S1, S2, S3, S4		Side/rear yard only
		Market West: S1, S2, S3, S4		Side/rear yard only		Side/rear yard only
		Market Central: S1, S2, S3, S4		Side/rear yard only
		Market East: S1, S2, S3, S4		Side/rear yard only
		Residential A: S1, S3, S4	Only east of North Waterford Avenue	Side/rear yard only
		Residential B: S1, S2, S3, S4		Side/rear yard only		Side/rear yard only
		Maker: S3
B2 Twin		Trail/Rail/River: S1, S2, S3, S4		Side/rear yard only
		Market West: S1, S2, S3, S4		Side/rear yard only		Side/rear yard only
		Market Central: S1, S2, S3, S4		Side/rear yard only
		Market East: S1, S2, S3, S4		Side/rear yard only
		Residential A: S1, S3, S4	Only east of North Waterford Avenue	Side/rear yard only
		Residential B: S1, S2, S3, S4		Side/rear yard only		Side/rear yard only
		Maker: S3
B3 Row		Trail/Rail/River: S1, S2, S3		Side/rear yard only
		Market West: S1, S2, S3		Side/rear yard only		Side/rear yard only
		Market Central: S1, S2, S3		Side/rear yard only
		Market East: S1, S2, S3		Side/rear yard only
		Residential A: S1, S3	Only east of North Waterford Avenue	Side/rear yard only
		Residential B: S1, S2, S3		Side/rear yard only		Side/rear yard only
		Maker: S3
B4 Mansion		Trail/Rail/River: S1, S2, S3 Market Central: S1, S2, S3		Side/rear yard only
		Market West: S1, S2, S3		Side/rear yard only		Side/rear yard only
		Market Central: S1, S2, S3		Side/rear yard only		Side/rear yard only
		Market East: S1, S2, S3		Side/rear yard only
		Residential A: S1, S3	Only east of North Waterford Avenue	Side/rear yard only
		Residential B: S1, S2, S3		Side/rear yard only		Side/rear yard only
		Maker: S3
B5 Mixed Residential Combination of various residential building types		Trail/Rail/River: S1, S2, S31 Market Central: S1, S2, S3		Side/rear yard only			Combination of various residential building types
		Market West: S1, S2, S31		Side/rear yard only		Side/rear yard only
		Market Central: S1, S2, S31		Side/rear yard only
		Market East: S1, S2, S31		Side/rear yard only
		Residential A: S1, S31	Only east of North Waterford Avenue	Side/rear yard only
		Residential B: S1, S2, S31		Side/rear yard only		Side/rear yard only
		Maker: S31
		1 Only between Essex Street and Front Street between Hull Street and Bridge Street
B6 Modular		Trail/Rail/River: S1, S2, S3, S4, S62		Side/rear yard only
		Residential A: S1, S2, S3, S4, S62		Side/rear yard only
		Maker: S1, S2, S3, S4, S62		Side/rear yard only
		2 On Street Types S1, S2, S3, S4, said building typology shall only occur on an individual (non-mobile-home) lot; on Street Type S6, said typology may occur within a mobile home park.
B7 Flat		Trail/Rail/River: S1, S2, S3		Side/rear yard only
		Market West: S1, S2, S3		Side/rear yard only		Side/rear yard only
		Market Central: S1, S2, S3		Side/rear yard only
		Market East: S1, S2, S3		Side/rear yard only
		Residential A: S1, S3	Only east of North Waterford Avenue	Side/rear yard only
		Residential B: S1, S2, S3		Side/rear yard only		Side/rear yard only
		Maker: S3
B8 Shop		Trail/Rail/River: S1, S2, S3		Side/rear yard only
		Market West: S1, S2, S3		Side/rear yard only
		Market Central: S1, S2, S3		Side/rear yard only
		Market East: S1, S2, S3		Side/rear yard only
		Residential A: S1, S3		Side/rear yard only
		Residential B: S1, S2, S3		Side/rear yard only
		Maker: S3		Side/rear yard only
B9 Single Story Business		Trail/Rail/River: S1, S2, S3, S6		Side/rear yard only
		Market West: S1, S2, S3		Side/rear yard only
		Market Central: S1, S2, S3		Side/rear yard only
		Market East: S1, S2, S3		Side/rear yard only
		Residential A: S1, S3		Side/rear yard only
		Residential B: S1, S2, S3, S6		Side/rear yard only
		Maker: S3	Side/rear yard only
B10 Multi-Story Business		Trail: S1, S2, S3,3 S6		Side/rear yard only
		Market West: S1, S2, S33		Side/rear yard only
		Market Central: S1, S2, S33		Side/rear yard only
		Market East: S1, S2, S33		Side/rear yard only
		Residential A: S1, S33		Side/rear yard only
		Residential B: S1, S2, S3,3 S6		Side/rear yard only
		Maker: S3,3 S6		Side/rear yard only
		3 Only Between Market Street and Essex Street between Hull Street and Decatur Street.
B11 Civic		Trail/Rail/River: S1, S2, S3
		Market West: S1, S2, S3
		Market Central: S1, S2, S3
		Market East: S1, S2, S3
		Residential A: S1, S3
		Residential B: S1, S2, S3
		Maker: S3
B12 Outbuilding A		Trail/Rail/River: S2, S4, S5, S6	Not applicable
		Market West: S2, S4, S5
		Market Central: S2, S4, S5
		Market East: S2, S4, S5
		Residential A: S2, S4
		Residential B: S2, S4, S5, S6
		Maker: S6
B12 Outbuilding A		Trail/Rail/River: S2, S4, S5, S6	Not applicable
		Market West: S2, S4, S5
		Market Central: S2, S4, S5
		Market East: S2, S4, S5
		Residential A: S2, S4
		Residential B: S2, S4, S5, S6
		Maker: S6

§ 370-204 Overview of Trail/Rail/River District.

The purpose of this zoning district is to ensure a compatible mixture of uses within the vicinity of the Borough's trail, rail and riverfront areas. General requirements for lots within the zoning district include the following:

A. Zoning district.

B. Lot parameters.

[Amended 3-10-2020 by Ord. No. 2020-02]

(1) Minimum lot size: 4,000 square feet.

(2) Minimum lot width: 25 feet.

(3) Maximum impervious surface coverage: 50%.

Code	Regulation	Street Type
		S1 Arterial	S2 Collec-tor	S3 Local	S4 Alley	S5 Way
A	Depth (minimum feet)	100	100	100	100	100
B	Front lot width (minimum feet)	See above.
	Setbacks
	Principal Structure Setbacks
	Front
C	Minimum (feet)	0
D	Maximum (feet)	Average of adjacent lots
	Side
E	Minimum (feet)	2	0	0	2	2
F	Maximum (feet)	NA	NA	NA	NA	NA
	Rear
G	Minimum (feet)	25	25	25	25	25
H	Parking Setback (feet)
	Front	0	0	0	0	0
	Side	0	0	0	0	0
	Rear	0	0	0	0	0

C. General list of standards.

[Amended 3-10-2020 by Ord. No. 2020-02]

(1) Principal uses permissible by right:

Artisan workspace/sales/galleries

Bed-and-breakfast

Brew pub/tap room

Brewery/distillery

Commercial recreation

Community center

Cultural or civic institution (including school/academy, museum)

Day-care home

Essential services (including public utility facilities and communication antennas)

Food services, sit-down (including restaurant)

Forestry

Industry - craft

Mixed residential (multiple types on master planned lot)

Mixed use (nonresidential at street level with residential/nonresidential upstairs)

Multifamily dwelling - duplex

Multifamily dwelling - townhouse

Noncommercial greenhouse

Office (including business, professional, medical, and veterinary)

Outdoor park and recreation facility

Personal and professional service

Retail (recreation services)

Retail (small-scale)

Single-family dwelling

Spa/salon

Studio

Theater

(2) Principal conditional uses:

Banks and financial institutions

Commercial school

Financial institution without drive-through

Parking lot (private)

Parking lot or facility (public)

Retail, large-scale

(3) Principal uses by special exception:

Animal hospital

Automobile services (including sales, service)

Emergency services

Food services

Hardware store

Health/fitness club

Hotel/motel

Indoor recreation facility

Multifamily dwelling - historic residential unit conversion

Multiunit dwelling - flats

Place of assembly/worship

Public utility building

Social club/hall

Take-out/fast-food

Tower (noncommunication)

(4) Accessory uses allowed:

Accessory dwelling

Carport

Communications antennas

Day-care (youth/adult)

Electronic and satellite dish antennas

Essential services

Home-based business, no-impact

Off-street parking

Outdoor cafes

Outdoor entertainment (with restrictions set forth in § 370-502J)

Outdoor wood furnaces

Parking facility, private

Parking space(s), private off-street

Parking, private off-street

Parking, public off-street

Personal support services

Public; retail business (less than 2,000 square feet)

Sidewalk cafes

Solar collectors and solar-related equipment

Swimming pools

Wind energy conversion systems

§ 370-205 Overview of Market West District.

The purpose of this zoning district is to ensure a compatible mixture of uses within the area generally referenced along West Market Street between Gay Street and Bridge Street. The general requirements for lots within the zoning district include the following:

A. Zoning district.

B. Lot parameters.

(1) Minimum lot size: 4,000 square feet.

(2) Minimum lot width: 25 feet.

(3) Maximum impervious surface coverage: 60%.

		Street Type
Code	Regulation	S1 Arterial	S2 Collec-tor	S3 Local	S4 Alley	S5 Way
A	Depth (minimum feet)	100	100	100	100	100
B	Front lot width (minimum feet)	See above.
	Setbacks
	Principal Structure Setbacks
	Front
C	Minimum (feet)	0
D	Maximum (feet)	Average of adjacent lots
	Side
E	Minimum (feet)	2	0	0	2	2
F	Maximum (feet)	NA	NA	NA	NA	NA
	Rear
G	Minimum (feet)	25	25	25	25	25
H	Parking Setback
	Front	5	5	5	5	5
	Side	5	5	5	5	5
	Rear	15	15	15	15	15

C. General list of standards.

[Amended 3-10-2020 by Ord. No. 2020-02]

(1) Principal uses permissible by right:

Artisan workspace/sales/galleries

Bakery/green grocer/corner store

Community center

Cultural or civic institution (including school/academy, museum)

Day-care home

Emergency services

Essential services (including public utility facilities and communication antenna)

Forestry

Funeral home

Government operations

Noncommercial greenhouse

Office (including business, professional, medical and veterinary)

Outdoor park and recreation facility

Single-family dwelling

Studio

(2) Principal conditional uses:

Commercial school

Group home

Health/fitness club

Parking lot or facility, public

Parking lot, private

(3) Principal uses by special exception:

Bed-and-breakfast

Food services, sit-down (including restaurant)

Food services, take-out/fast-food

Hardware store

Industry - craft

Mixed use (nonresidential at street level with residential/nonresidential upstairs)

Multifamily dwelling - duplex

Multifamily dwelling - flats

Multifamily dwelling - historic residential unit conversion

Parking lot or facility, public

Parking lot, private

Personal and professional services

Place of assembly/worship

Retail, small-scale

Retail, large-scale

Spa/salon

(4) Accessory uses allowed:

Accessory dwelling

Communications antenna

Day-care (youth/adult)

Electronic and satellite dish antenna

Essential services

Home-based business, no-impact

Outdoor wood furnaces

Parking facility, private

Parking space(s), private off-street

Solar collectors and solar-related equipment

Swimming pools

Wind energy conversion systems

§ 370-206 Overview of Market Central District.

The purpose of this zoning district is to ensure a compatible mixture of uses within the area generally referenced along West Market Street between Gay Street and Waterford Avenue. The general requirements for lots within the zoning district include the following:

A. Zoning district.

B. Lot parameters.

(1) Minimum lot size: 3,000 square feet.

(2) Minimum lot width: 20 feet.

(3) Maximum impervious surface coverage: 100%.

	Street Type
Code	Regulation	S1 Arterial	S2 Collec-tor	S3 Local	S4 Alley	S5 Way
A	Depth (minimum feet)	100	100	100	100	100
B	Front lot width (minimum feet)	See above.
	Setbacks
	Principal Structure Setbacks
	Front
C	Minimum (feet)	0
D	Maximum (feet)	Average of adjacent lots
	Side
E	Minimum (feet)	2	0	0	2	2
F	Maximum (feet)	NA	NA	NA	NA	NA
	Rear
G	Minimum (feet)	25	25	25	25	25
H	Parking Setback
	Front (feet)	5	5	5	5	5
	Side (feet)	5	5	5	5	5
	Rear	0	0	0	0	0

C. General list of standards.

[Amended 3-10-2020 by Ord. No. 2020-02]

(1) Principal uses permissible by right:

Amusement arcade

Animal hospital

Artisan workspace

Bakery/green grocer/corner store

Bed-and-breakfast

Brewery/distillery/brew pub/tap room

Commercial recreation

Community center

Cultural or civic institution (including school/academy, museum)

Day-care home

Emergency services

Essential services (including public utility facilities and communication antenna)

Financial institution without drive-through

Food services, sit-down (including restaurant)

Forestry

Government operations (including post office, emergency services and municipal buildings)

Hardware store

Health/fitness club

Industry - craft

Mixed use (nonresidential at street level with residential/nonresidential upstairs)

Noncommercial greenhouse

Office (including business, professional, medical and veterinary)

Outdoor park and recreation facility

Pharmacy

Private, personal and professional service

Retail, recreation services

Retail, small-scale

Single-family dwelling

Spa/salon

Studio

Theater

(2) Principal conditional uses:

Banks and financial institutions

Commercial school

Day-care center (youth/adult)

Financial institution without drive-through

Parking lot or facility, public

Parking lot, private

Retail, large-scale

(3) Principal uses by special exception: .

Commercial school

Food services, take-out/fast-food

Funeral home

Indoor recreation facility

Laundromat

Multifamily dwelling - historic residential unit conversion

Multifamily dwelling - townhouse

Multiunit dwelling - flats

Place of assembly/worship

(4) Accessory uses allowed:

Accessory dwelling

Communications antenna

Electronic and satellite dish antenna

Essential services

Home-based business, no-impact

Outdoor cafes

Outdoor entertainment (with restrictions set forth in § 370-502J)

Outdoor wood furnaces

Parking facility, private

Parking space(s), private off-street)

Parking, private off-street

Parking, public off-street

Personal support services

Sidewalk cafes

Solar collectors and solar-related equipment

Swimming pools

Wind energy conversion systems

§ 370-207 Overview of Market East District.

The purpose of this zoning district is to ensure a compatible mixture of uses within the area generally referenced along East Market Street between Waterford Avenue and Roberts Avenue. The general requirements for lots within the zoning district include the following:

A. Zoning district.

B. Lot parameters.

(1) Minimum lot size: 3,000 square feet.

(2) Minimum lot width: 20 feet.

(3) Maximum impervious surface coverage: 80%.

	Street Type
Code	Regulation	S1 Arterial	S2 Collec-tor	S3 Local	S4 Alley	S5 Way
A	Depth (minimum feet)	100	100	100	100	100
B	Front lot width (minimum feet)	See above.
	Setbacks
	Principal Structure Setbacks
	Front
C	Minimum (feet)	0
D	Maximum (feet)	Average of adjacent lots
	Side
E	Minimum (feet)	2	0	0	2	2
F	Maximum (feet)	NA	NA	NA	NA	NA
	Rear
G	Minimum (feet)	25	25	25	25	25
H	Parking Setback
	Front	5	5	5	5	5
	Side	5	5	5	5	5
	Rear	5	5	5	5	5

C. General list of standards.

[Amended 3-10-2020 by Ord. No. 2020-02]

(1) Principal uses permissible by right:

Artisan workspaces/galleries

Cultural or civic institution (including school/academy, museum)

Day-care home

Essential services (including public utility facilities and communication antenna)

Forestry

Government operations (including post office, emergency services and municipal buildings, outdoor park and recreation facility)

Multifamily dwelling - duplex

Multifamily dwelling - townhouse

Noncommercial greenhouse

Single-family dwelling

(2) Principal conditional uses:

Artisan workspaces/galleries

Commercial school

Cultural or civic institution (including school/academy, museum)

Day-care home

Essential services (including public utility facilities and communication antenna)

Forestry

Government operations (including post office, emergency services and municipal buildings, outdoor park and recreation facility)

Multifamily dwelling - duplex

Multifamily dwelling - townhouse

Parking lot or facility, public

Parking lot, private

Single-family dwelling

(3) Principal uses by special exception:

Commercial school

Food services, sit down (including restaurant)

Funeral home

Multiunit dwelling - flats

Personal and professional services

Retail, small-scale

Studio

(4) Accessory uses allowed:

Accessory dwelling

Communications antenna

Day-care (youth/adult)

Electronic and satellite dish antenna

Essential services

Home-based business, no-impact

Outdoor cafes

Outdoor wood furnaces

Parking facility, private

Parking space(s), private off-street

Parking, private off-street

Parking, public off-street

Personal support services

Retail business (less than 2,000 square feet)

Sidewalk cafes

Solar collectors and solar-related equipment

Swimming pools

Wind energy conversion systems

§ 370-208 Overview of Residential A District.

The purpose of this zoning district is to ensure a compatible mixture of uses within areas of the Borough that have generally been established with larger lot residential development. The general requirements for lots within the zoning district include the following:

A. Zoning district.

B. Lot parameters.

(1) Minimum lot size: 3,000 square feet.

(2) Minimum lot width: 35 feet.

(3) Maximum impervious surface coverage: 50%.

	Street Type
Code	Regulation	S1 Arterial	S2 Collec-tor	S3 Local	S4 Alley	S5 Way
A	Depth (minimum feet)	100	100	100	100	100
B	Front lot width (minimum feet)	See above.
	Setbacks
	Principal Structure Setbacks
	Front
C	Minimum (feet)	0
D	Maximum (feet)	Average of adjacent lots
	Side
E	Minimum (feet)	2	0	0	2	2
F	Maximum (feet)	NA	NA	NA	NA	NA
	Rear
G	Minimum (feet)	25	25	25	25	25
H	Parking Setback
	Front	5	5	5	5	5
	Side	5	5	5	5	5
	Rear	10	10	10	10	10

C. General list of standards.

(1) Principal uses permissible by right:

[Amended 3-10-2020 by Ord. No. 2020-02]

Day-care home

Essential services (including public utility facilities and communication antenna)

Forestry

Multifamily dwelling - duplex

Multifamily dwelling - townhouse

Noncommercial greenhouse

Outdoor parking and recreation facility

Single-family dwelling

Studio

(2) Principal uses by special exception:

Cemetery/mausoleum

Home occupation, low-impact

Multifamily dwelling - historic residential unit conversion

Place of assembly/worship

(3) Principal conditional use:

[Amended 3-10-2020 by Ord. No. 2020-02]

Parking lot or facility, public

Parking lot, private

(4) Accessory uses allowed:

Accessory dwelling

Carport

Communications antenna

Day care (youth/adult)

Electronic and satellite dish antenna

Essential services

Home-based business, no-impact

Outdoor wood furnaces

Parking, private off-street

Parking facility, private

Parking space(s), private off-street

Personal support services

Solar collectors and solar-related equipment

Swimming pools

Wind energy conversion systems

§ 370-209 Overview of Residential B District.

The purpose of this zoning district is to ensure a compatible mixture of uses within areas of the Borough that have generally been established with smaller lot, neighborhood development. The general requirements for lots within the zoning district include the following:

A. Zoning district

B. Lot parameters.

(1) Minimum lot size: 2,000 square feet.

(2) Minimum lot width: 20 feet

(3) Maximum impervious surface coverage: 50%.

		Street Type
Code	Regulation	S1 Arterial	S2 Collec-tor	S3 Local	S4 Alley	S5 Way
A	Depth (minimum feet)	100	100	100	100	100
B	Front lot width (minimum feet)	See above.
	Setbacks
	Principal Structure Setbacks
	Front
C	Minimum (feet)	0
D	Maximum (feet)	Average of adjacent lots
	Side
E	Minimum (feet)	2	0	0	2	2
F	Maximum (feet)	NA	NA	NA	NA	NA
	Rear
G	Minimum	25	25	25	25	25
H	Parking Setback
	Front	5	5	5	5	5
	Side	5	5	5	5	5
	Rear	5	5	5	5	5

C. General list of standards.

[Amended 3-10-2020 by Ord. No. 2020-02]

(1) Principal uses permissible by right:

Day-care home

Essential services (including public utility facilities and communication antenna)

Forestry

Industry - craft

Multifamily dwelling - duplex

Multifamily dwelling - townhouse

Noncommercial greenhouse

Outdoor park and recreation facility

Single-family dwelling

Studio

(2) Principal conditional use:

Group care facility (youth/adult)

Group home

Mobile home park

Parking lot or facility, public

Parking lot, private

(3) Principal uses by special exception:

All other residential uses

Emergency services

Home occupation, low-impact

Multifamily dwelling - historic residential unit conversion

Multifamily dwelling - flats

Office (including business, professional, medical and veterinary)

Place of assembly/worship

Spa/salon

(4) Accessory uses allowed:

Accessory dwelling

Carport

Communications antenna

Day-care (youth/adult)

Electronic and satellite dish antenna

Essential services

Home-based business, no-impact

Outdoor wood furnaces

Parking facility, private

Parking space(s), private off-street

Parking, private off-street

Personal support services

Solar collectors and solar-related equipment

Swimming pools

Wind energy conversion systems

§ 370-210 Overview of Maker District.

The purpose of this zoning district is to ensure a compatible mixture of uses within areas of the Borough that have generally been established where uses have had limited compatibility with established neighborhoods and/or corridors. The general requirements for lots within the zoning district include the following:

A. Zoning district.

B. Lot parameters.

(1) Minimum lot size: 15,000 square feet.

(2) Minimum lot width: 75 feet.

(3) Maximum impervious surface coverage: 70%.

	Street Type
Code	Regulation	S1 Arterial	S2 Collec-tor	S3 Local	S4 Alley	S5 Way
A	Depth (minimum feet)	100	100	100	100	100
B	Front lot width (minimum feet)	See above.
	Setbacks
	Principal Structure Setbacks
	Front
C	Minimum (feet)	0
D	Maximum (feet)	Average of adjacent lots
	Side
E	Minimum (feet)	2	0	0	2	2
F	Maximum (feet)	NA	NA	NA	NA	NA
	Rear
G	Minimum (feet)	25	25	25	25	25
H	Parking Setback
	Front	5	5	5	5	5
	Side	5	5	5	5	5
	Rear	10	10	10	10	10

C. General list of standards.

(1) Principal uses permissible by right:

[Amended 3-10-2020 by Ord. No. 2020-02]

Animal hospital

Automobile services (including sales, service)

Brewery/distillery

Commercial recreation

Emergency services

Essential services (including public utility facilities and communication antenna)

Forestry

Hardware stores

Industry - craft

Industry - general

Industry - outdoor (including maintenance/storage/service yard and building materials/lumberyard)

Noncommercial greenhouse

Outdoor park and recreation facility

Parking lot, private

Private garage

Public utility building

Research and development establishment

Retail, large-scale

Warehouse

Wholesale business

(2) Principal conditional use:

[Amended 3-10-2020 by Ord. No. 2020-02]

Adult-oriented establishment

Parking lot or facility, public

(3) Principal uses by special exception:

All other nonresidential uses

Convenience store

Fuel/service stations

Gas and oil well

Outdoor advertising

Tower, communication

Tower, noncommunication

(4) Accessory uses allowed:

Carport

Car wash

Communications antenna

Electronic and satellite dish antenna

Essential services

Outdoor wood furnaces

Parking facility, private

Parking space(s), private off-street

Parking, private off-street

Parking, public off-street

Retail business (less than 2,000 square feet)

Solar collectors and solar-related equipment

Wind energy conversion systems

§ 370-211 Heritage District Overlay.

A. Applicability of regulations.

(1) These regulations shall apply to the Heritage District Overlay (Overlay) area.

(2) These regulations shall be administered by the Borough, with consultation of the Heritage District Committee.

(3) Boundaries. The Heritage District Overlay shall conform to the boundaries shown on the Zoning Map. The Overlay includes each parcel containing one or more resources. An inventory of resources is available at the Borough Municipal Building.

(a) All of the provisions of the applicable underlying zoning districts shall continue to apply in addition to the provisions of this section. In the event of a conflict between the provisions of this Overlay and the underlying zoning district, the provisions of this Overlay shall apply.

(b) Should the boundaries of the Overlay be revised as a result of legislative or administrative actions or judicial decision, the underlying zoning requirements shall continue to be applicable.

(4) Covenants and easements. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions.

B. Purpose. The Heritage District Overlay follows the boundaries of Marietta's National Register Districts and is intended to promote the general welfare of Marietta Borough through the following goals:

(1) To promote the retention of historic resources through preservation of local heritage by recognition and protection of resources.

(2) To establish a clear process through which proposed changes affecting resources are reviewed by the Heritage District Committee and the Borough, overall.

(3) To mitigate the negative effects of proposed changes affecting historic resources.

(4) To encourage the continued use of historic resources and facilitate their appropriate reuse and/or adaptive reuse.

(5) To discourage the demolition of historic resources and established heritage.

(6) To implement the following sections of the Pennsylvania Municipalities Planning Code (MPC):

(a) Section 603(b)(5),[1] which states that zoning ordinances may permit, prohibit, regulate, restrict and determine protection and preservation of natural and historic resources;

[1] Editor's Note: See 53 P.S. § 10603(b)(5).

(b) Section 603(g)(2), which states that "zoning ordinances shall provide for protection of natural and historic features and resources";[2]

[2] Editor's Note: See 53 P.S. § 10603(g)(2).

(c) Section 604(1), which states that "the provisions of zoning ordinances shall be designed to promote, protect and facilitate any or all of the following: . . . preservation of the natural, scenic and historic values. . .";[3] and

[3] Editor's Note: See 53 P.S. § 10604(1).

(d) Section 605(2)(vi), whereby uses and structures at or near places having unique historical, architectural or patriotic interest or value may be regulated.[4]

[4] Editor's Note: See 53 P.S. § 10605(2)(vi).

C. General provisions.

(1) Identification. The Inventory of Heritage Resources, as amended from time to time, shall be available on file at the Borough Municipal Building.

(2) Criteria for determination. A building, structure, object, site, or district is depicted as a heritage resource, due to the fact that it:

(a) Is associated with events that have made a significant contribution to the broad patterns of our local, state, or national history; or

(b) Is associated with the lives of people, local, state, or national, who were significant in our past;

(c) Embodies the distinctive characteristics of a type, period, or method of construction, or that represents the work of a master, or that possesses high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction (a neighborhood or village for example); or

(d) Has yielded or may be likely to yield information important in history or prehistory (archaeology).

(3) Classifications.

(a) Buildings, objects, sites, or districts that are:

[1] Listed on or have received a determination of eligibility (DOE) to be listed on the National Register of Historic Places; or

[2] Resources within a district that contribute to a National Register listed or eligible district.

(b) Buildings, objects, sites, or districts that are resources that are deemed by the Borough to substantially meet one or more of the heritage criteria at the local level.

D. Demolition process, removal or relocation of resources.

(1) General requirements. Demolition in whole or part, removal or relocation of resources identified as contributing to community heritage shall be regulated in accordance with the provisions of the Marietta Borough Subdivision and Land Development Ordinance.

E. Application procedures/review.

(1) Application procedures. When the Zoning Officer receives a complete application, that application shall be forwarded to the Heritage District Committee.

(2) Criteria for review shall be in accordance with information to the extent which it fulfills requirements outlined on the Marietta Borough Overlay application form.

(3) Review procedure.

(a) The applicant shall be provided an opportunity to present their proposal to the Heritage District Committee at its scheduled meeting. The Zoning Officer shall attend this meeting to listen to the applicant's presentation.

(b) The written recommendations of the Heritage District Committee shall be forwarded to the Borough Planning Commission. The Borough Planning Commission shall review said information and forward its recommendation to Borough Council. Permitting associated with any approvals shall be issued by the Borough. Recommendations shall consider the goals and objectives set forth in the Comprehensive Plan.

(4) Associated land development plan. If the application is being requested to facilitate future development of the land, then said permit shall not be issued until the following additional requirements have been satisfied:

(a) Approval of the land development plan by the Borough Council;

(b) Issuance of any necessary zoning approvals; and

(c) The recording of the approved subdivision or land development plan for the parcel where the demolition, removal or relocation is proposed.

(5) Denial. If an application is denied, the applicant may appeal the Borough's decision to the Zoning Hearing Board.

§ 370-212 General application types; submission items.

Applications for land use are available at the Borough Municipal Building. No application is complete without the applicable fee. Land use application submissions to the Borough shall, at a minimum, contain:

A. Residential land use applications.

(1) Application form.

(2) Site plan with utilities.

B. Nonresidential land use applications.

(1) Application form.

(2) Building elevation (at street).

(3) Parcel map.

(4) Site plan with utilities.

(5) Cross-section front yard to rear yard.

(6) Copies of highway occupancy permit, National Pollutant Discharge Elimination System submissions, as well as Department of Environmental Protection and Municipal Authority application submissions.