Amusement centers, including bowling alleys, dance halls and
similar uses, shall provide proper parking areas with vehicular circulation
designed so as to minimize traffic congestion, shall not be closer
than 10 feet to any property line, shall provide adequate screening
from any residence district, and shall prevent offensive noise, vibration
and lighting.
No animal hospital, veterinary clinic and kennel shall be located
closer than 100 feet to any residence district, or existing restaurant,
hotel, motel, tourist court or trailer camp. Adequate measures shall
be taken to prevent offensive noise and odor.
Farm animals other than customary pets shall not be kept in
residence districts. Household pets shall be limited to four per family
in residence districts.
A.
The following outdoor advertisements and signs are permitted in any zone, as limited in Subsection D; if illuminated, they shall be of an enclosed lamp design, non-flashing, containing no colored illumination, and may also be of the reflector type.
(1)
A sign indicating the name or number of the owner and/or premises
or the accessory use of a dwelling for a home occupation or for professional
purposes; provided, that such sign shall not exceed one square foot
in area.
(2)
One bulletin board on church, school, or college property, not
over 20 square feet in area;
(3)
A sign on a farm, noting the sale of articles grown or produced
on premises; provided, that such sign shall not exceed six square
feet in area, shall be at least 10 feet from any public right-of-way
and at least 50 feet from the nearest corner of a road intersection.
(4)
Directional or informational signs of a public or quasi-public
nature, not exceeding six square feet in area. Such signs shall contain
no advertising matter, and shall not be illuminated, but may be of
the beaded reflector type.
(5)
Real estate signs.
(a)
A temporary real estate sign, not exceeding six square feet
in area, indicating the sale or lease only of the property on which
such sign is displayed, provided that, where parcels of land are offered
for sale or lease, having a road frontage of 200 feet or more, a sign
or signs totaling not more than 20 square feet in area for each 200
feet of frontage may be posted. The sign shall be removed from the
premises within 30 days after the sale or rental thereof.
(b)
One temporary sign not exceeding 60 square feet in area in subdivisions
containing less than 25 lots and located therein, and set back from
every street line the distance required for a principal building in
the district in which it is located.
(c)
One temporary sign not exceeding 150 square feet in area in
subdivisions containing 25 or more lots and located therein and set
back from every street line a minimum distance in feet equal to the
number of square feet of the sign, but such setback shall not be less
than the distance required for a principal building in the district
in which the sign is located, and need not be more than 100 feet in
any case.
(6)
Construction advertisements. Building contractors' and
professional persons' temporary advertisements on or adjacent
to buildings under construction, limited to a total area for all such
signs of 150 square feet.
B.
Business or industrial signs are permitted in business or industrial zones under the following conditions, as limited in Subsection D:
(1)
Number of signs. The number of signs shall be limited to three
for each street on which the establishment fronts, one parallel, one
projecting, and one freestanding sign. In addition, one identification
sign for a shopping center or other integrated group of stores, commercial
buildings, or industrial buildings, may be added for each street on
which the properties front; provided that no such signs shall be located
within 100 feet of any existing principal building or adjoining residential
premises on the same side of the street, or opposite land zoned for
residential purposes on the other side of the street.
C.
Outdoor advertisements.
(1)
Outdoor advertisements are limited to the B-3, B-4, M-1 and
M-3 districts. However, they are also not permitted within the area
extending 600 feet on either side of the center line of any limited
access highway, except when such signs are so located that the matter
displayed upon them is not visible to persons using such limited access
highways.
(2)
Adjacent to selected uses or districts. No outdoor advertisement
shall be permitted within 200 feet of any residence district, nor
facing any public or parochial school, library, church, hospital or
similar institutional use.
(3)
Spacing. No two outdoor advertisements shall be located closer
to one another than the distance equal to one-fifth of their combined
gross square foot area, except that no two such advertisements shall
be closer to one another than 120 feet.
(4)
Setbacks. Outdoor advertisements shall conform with all yard
spaces required for the district in which they are located.
(5)
Size. The total surface area of any outdoor advertisements,
exclusive of structural supports and trim, shall not exceed, in square
feet four, times the frontage of the lot or tract on which it is or
they stand, nor shall an individual advertisement exceed 300 square
feet. However, where a lot or tract is already occupied by a use or
structure exhibiting signs, the total surface area of signs and outdoor
advertisements shall not exceed, in square feet, four times the lot
frontage.
D.
All signs and outdoor advertisements shall be subject to the following
conditions:
(1)
Their surface area shall include the entire face or faces, and
if composed of individual letters, figures or designs, the space between
and around such letters, figures or designs.
(2)
Any freestanding or projecting sign or outdoor advertisement
within 25 feet of a street right-of-way line shall be so placed as
to allow clear and ample visual sight lines for driveways leading
into a street, for the intersection of two streets, or a street with
an alley.
(3)
Height.
(a)
Maximum height. No sign or outdoor advertisement shall project
above the height limit of structures in the district in which it is
located, nor shall it extend more than 20 feet above the highest part
of the roof.
(b)
Clearance. No hanging, suspended or projecting sign or outdoor
advertisement shall have a vertical clearance of less than 14 feet
over any vehicular public way, nor less than nine feet over any pedestrian
public way. In service station driveways, the minimum clearance shall
be 12 feet. Public ways used in this subsection include privately
owned sidewalks or drives, customarily used by the public.
(4)
Projections. No sign or outdoor advertisement shall project
from the wall of a building more than six feet.
(5)
Lighting. If illuminated, the light shall be confined to the
surface of the sign, or outdoor advertisement, which shall be so located
and arranged as to avoid glare or reflection onto any portion of any
adjacent highway or into the path of oncoming vehicles, or into any
adjacent residential premises. No flashing or moving signs, or outdoor
advertisements, shall be permitted.
(6)
Maintenance. All signs and outdoor advertisements shall be maintained
in good condition as determined by the Zoning Board; otherwise, they
shall be ordered removed, after due notice.
Due consideration shall be given to compatibility with adjacent
land uses, existing or proposed highways, and any elements or factors
deemed to affect the public health, safety and welfare of the surrounding
area, and a minimum setback may be required from any property line
for any structure, grave or place of temporary or permanent burial,
and such walls, fences, and/or planting or shrubbery, trees or vines
may be required as may be reasonable and proper to afford adequate
screening.
Buildings housing any of these uses shall be distant not less
than 20 feet from any other lot in any residence district, and there
shall be no external evidence of any gainful activity, however incidental,
nor any access to any spaces used for gainful activity, other than
within the building.
These uses may be permitted, provided there is established and
maintained in connection therewith a suitably fenced and screened
play lot meeting the requirements of the Zoning Officer and provided
that there is no nuisance created by reason of noise, health or other
condition.
A.
Where possible, access shall be to minor roads, rather than highways,
to reduce congestion and accidents. Theater screens shall be placed
so that they are not visible from a highway, or shall be screened
with adequate fencing or planting.
B.
No central loud speakers shall be permitted.
C.
All parts of the theater shall be at least 200 feet from any residence
district.
All lighting installations shall be such and be so arranged
as not to increase traffic hazards or to cause direct or glaring reflection
into adjoining premises.
A home occupation shall be an incidental use of a dwelling unit
conducted only by residents of the building who may not employ more
than one additional nonresident person. The following additional conditions
shall be fulfilled:
A.
Where permitted. Within a single dwelling unit, provided that only
one home occupation per dwelling unit is permitted.
B.
Evidence of use. No exterior evidence of the home occupation shall
be visible, other than a permitted sign.
C.
Extent of use. Not more than 20% of the gross floor area of any dwelling
unit may be used for a home occupation, except for medical and dental
offices and foster family care, which may use up to 40%.
D.
Permitted uses. Fine arts studios, professional and medical offices,
dressmaking, and similar occupations, but excluding beauty or barber
shops, real estate or insurance offices, commercial stables or kennels,
and any occupation that may customarily require the use of a panel
or delivery truck or similar vehicle. Outdoor storage of materials
or products is also prohibited. Any use which produces offensive and
disturbing noise, smoke, odor or other objectionable effect is prohibited.
A.
Hospitals, sanitaria, and convalescent or nursing homes shall locate
future structures or extensions thereto, at least 100 feet distant
from any lot in any residence district, or any lot occupied by a dwelling,
school, church or institution for human care.
B.
Hospitals or sanitaria which do not primarily treat communicable
diseases, insane or feeble-minded patients, epileptics, drug addicts
or alcoholic patients, and which are not penal or correctional institutions,
shall have a minimum size of three acres. Other hospitals and sanitaria
shall have a minimum size of 15 acres.
A.
All junkyards shall be completely screened from roads or developed
areas with a solid fence or wall six feet or more in height, maintained
in good condition, and painted except for masonry construction, or
with suitable plantings.
B.
No operations shall be conducted which shall cause a general nuisance
or endanger the public health.
C.
All existing junkyards shall comply with these requirements within
one year of the date of this chapter, or shall then terminate their
operation.
A.
Off-street loading.
(1)
Number of loading spaces required. Every building which requires
the receipt or distribution by vehicles of material or merchandise
shall provide off-street loading berths in accordance with the following
table:
|
Off-Street Loading Space Requirements
| |||
|---|---|---|---|
|
Uses
|
Square Feet of Floor Area
|
Required Off-Street Loading Berths
| |
|
1.
|
Schools
|
15,000 or more
|
1
|
|
2.
|
Hospitals (in addition to space for ambulance)
|
10,000 - 300,000
|
1
|
|
For each additional 300,000 or major fraction thereof
|
1 additional
| ||
|
3.
|
Undertakers and funeral parlors
|
5,000
|
1
|
|
For each additional 5,000 or major fraction thereof
|
1 additional
| ||
|
4.
|
Hotels and offices
|
10,000 or more
|
1
|
|
5.
|
Commercial, wholesale, manufacturing and storage
|
10,000 - 25,000
|
1
|
|
25,000 - 40,000
|
2
| ||
|
40,000 - 60,000
|
3
| ||
|
60,000 - 100,000
|
4
| ||
|
For each additional 50,000 or major fraction thereof
|
1 additional
| ||
(2)
Size and location. Each loading space shall be not less than
10 feet in width, 35 feet in length, and 14 feet in height and may
occupy all or part of a required yard.
B.
Off-street parking. In all districts off-street parking facilities
shall be provided and properly maintained, as set forth in this section,
for any building which is hereafter erected, enlarged or increased
in capacity. Such facilities shall be made available for public use.
(1)
Size and access. Each off-street parking space shall have an
area of not less than 180 square feet exclusive of access drives or
aisles and be in usable shape and condition. Except in the case of
dwellings, no parking area shall contain less than three spaces.
There shall be adequate ingress and egress to all parking spaces.
Where a lot does not abut on a public or private alley or easement
of access, there shall be provided an access drive leading to the
parking or storage areas or loading spaces. Such access drive shall
not be less than 10 feet in width in the case of a dwelling, and not
less than 20 feet in width for two-way traffic or 12 feet in width
for one-way traffic in all other cases. Access to off-street parking
areas shall be limited to several well-defined locations, and in no
case shall there be unrestricted access along the length of a street
or alley.
(2)
Number of parking spaces required. The number of off-street
parking spaces required is set forth in the following table. Where
the use of the premises is not specifically mentioned, requirements
for similar uses shall apply.
|
Off-Street Parking Space Requirements
| ||
|---|---|---|
|
Uses
|
Required Parking Spaces
| |
|
1.
|
Automatic laundry
|
5 for each laundry machine
|
|
2.
|
Automobile sales and service garages
|
1 for each 400 square feet of floor area
|
|
3.
|
Banks or professional offices
|
1 for each 300 square feet of floor area
|
|
4.
|
Bowling alleys
|
5 for each alley
|
|
5.
|
Churches and schools
|
1 for each 3.5 seats in an auditorium or 1 for each 17 classroom
seats, whichever is greater
|
|
6.
|
Community buildings and social halls
|
1 for each 100 square feet of floor area
|
|
7.
|
Driving ranges and miniature golf
|
1 for each tee
|
|
8.
|
Dwellings (single- and two-family)
|
1 for each family or dwelling unit
|
|
9.
|
Food supermarkets
|
1 for each 200 square feet of floor area
|
|
10.
|
Funeral homes, mortuaries
|
5 for each parlor
|
|
11.
|
Furniture or appliance stores
|
1 for each 200 square feet of floor area
|
|
12.
|
Hospitals, nursing and convalescing homes
|
1 for each 3 beds, plus 1 for each employee
|
|
13.
|
Hotels
|
1 space for each 2 living or sleeping units
|
|
14.
|
Manufacturing plants, research or testing laboratories, bottling
plants
|
1 for each 1,000 square feet of floor area, plus
|
|
1 for each 4 employees in the maximum working shift; the total
parking area shall not be less than 25% of the building floor area
| ||
|
15.
|
Medical or dental offices
|
5 spaces for each doctor or dentist
|
|
16.
|
Multiple dwellings
|
1.5 spaces per dwelling unit
|
|
17.
|
Restaurants, beer parlors and night clubs
|
1 for each 2.5 seats
|
|
18.
|
Retail stores and shops
|
1 for each 300 square feet of floor area, where the floor area
exceeds 1,000 square feet
|
|
19.
|
Rooming houses and dormitories
|
1 for each 2 bedrooms
|
|
20.
|
Service stations
|
2 for each pump
|
|
21.
|
Sports arenas, auditoriums, theaters, assembly halls
|
1 for each 3.5 seats
|
|
22.
|
Trailer of monument sales, or auctions
|
1 for each 2,500 square feet of lot area
|
|
23.
|
Wholesale establishments or warehouses
|
1 for each 2 employees or maximum shift; the total parking area
shall not be less than 25% of the building floor area
|
(3)
Location of facilities. In all zones except as hereinafter provided
for B-2, required facilities shall be located on the same zone lot
as the use to which they are accessory, or else within a radius of
400 feet; provided that required spaces conform with the provisions
set forth herein, and that such spaces shall be in the same ownership
as the use to which they are accessory and shall be subject to deed
restrictions filed in an office of record, binding the owner and his
heirs or assigns to maintain the required number of spaces throughout
the life of such use. In Zone B-2, required spaces may be provided
by public or private commercial parking facilities located within
1,000 feet of the principal use if approved by the Hearing Board.
C.
Facilities or requirements for parking and/or loading.
(1)
Joint facilities for parking or loading, off-street parking
and loading facilities may be provided jointly for separate uses if
approved by the Hearing Board. The total number of spaces shall not
be less than the sum of the separate requirements for each use, and
shall comply with all regulations governing location of accessory
spaces.
(2)
Development of parking and loading areas (including commercial
parking lots, automobile or trailer sales lots).
(a)
Screening and landscaping. Off-street parking areas for more
than five vehicles and off-street loading areas shall be effectively
screened on each side which adjoins or faces residential or institutional
premises situated in any residence district.
(b)
Minimum distances and setbacks. No off-street loading area or
parking area for more than five vehicles shall be closer than 10 feet
to any adjoining dwelling, school, hospital, or similar institution.
If it is located in any district other than B-2 and it faces any residence
district, no parking area shall be located less than 10 feet from
the established street right-of-way line within 50 feet of any residence
district. In a B-2 zone, off-street parking and loading areas require
no setbacks from the established street right-of-way within 50 feet
of any residence district. However, parking arrangements shall not
allow vehicles to project into the established street or alley right-of-way.
(c)
Surfacing. Surfacing shall consist of an asphaltic or Portland
cement binder pavement (or similar durable and dustless surface),
graded and drained to dispose of all surface water and designed to
provide for orderly and safe loading and parking.
(d)
Lighting. Any lighting used to illuminate off-street parking
or loading areas shall be arranged so as to reflect the light away
from adjoining premises in any residence district.
A.
Integrated neighborhood and community shopping centers.
(1)
Preliminary plan and minimum size. The owner of a tract of land
located in any district at or near where a proposed shopping center
is shown on the Land Use Plan of Plymouth, containing not less than
two acres in the case of a neighborhood shopping center (B-1 district
type), and not less than 15 acres in case of a community shopping
center (B-2 district type), shall submit to the Commission for its
review a preliminary plan for the use and development of such tract
of land for an integrated shopping center.
(2)
Applicant's financial ability. In accepting such plan for
review, the Commission must be satisfied that the proponents of the
integrated neighborhood or community shopping center are financially
able to carry out the proposed project; that they intend to start
construction within one year of the approval of the project and necessary
change in zoning, and intend to complete it within a reasonable time
as determined by the Commission.
(3)
Commission findings. It shall then be the duty of the Planning
Commission to investigate and ascertain whether the location, size
and other characteristics of the site, and the proposed plan, comply
with the following conditions:
(a)
Need must be demonstrated. The need for the proposed center
at the proposed location, to provide adequate shopping facilities
or service to the surrounding neighborhood or community, as the case
may be, has been demonstrated by the applicant by means of market
studies or such other evidence as the Planning Commission may require.
(b)
Adequacy of site. The proposed shopping center is of sufficient
but not excessive size to provide adequate neighborhood or community
shopping facilities, as the case may be, for the population which
may reasonably be expected to be served by such shopping facilities.
(c)
Traffic congestion not to be created. The proposed shopping
center is located so that reasonably direct traffic access is supplied
from principal thoroughfares, and where congestion will not likely
be created by the proposed center; or where such congestion will be
obviated by presently projected improvement of access thoroughfares,
by demonstrable provision in the plan for proper entrances and exits,
and by internal provisions for traffic and parking.
(d)
Integrated design. The plan shall provide for a shopping center
consisting of one or more groups of establishments in buildings of
integrated and harmonious design, together with adequate and properly
arranged traffic and parking facilities and landscaping. The project
shall be arranged in an attractive and efficient manner, convenient,
pleasant and safe to use, and fitting harmoniously into, and having
no adverse effects upon, adjoining or surrounding properties.
(4)
Permitted uses. The uses permitted in an integrated neighborhood
shopping center shall be those retail business, commercial and service
uses permitted in the B-1 district, and the uses permitted in an integrated
community shopping center shall be the same kinds of uses as permitted
in the B-2 district. No residential uses, commercial uses first permitted
in B-3 and B-4 districts, or industrial uses, shall be permitted,
or any use other than such as is necessary or desirable to supply
with goods or services the surrounding neighborhood or community.
(5)
Minimum design standards. The following minimum standards shall
be met in the design of an integrated neighborhood or community shopping
center:
(a)
Building heights. No building shall exceed 2 1/2 stories
or 35 feet in height.
(b)
Yards and landscaping. No building shall be less than 50 feet
distant from any boundary of the tract on which the shopping center
is located. The center shall be permanently screened from all abutting
properties located in any residence district by an appropriate wall,
fence, or dense hedge of acceptable design and, except for necessary
entrances and exits, from all properties located across the street
and within 100 feet from such center in any residence district by
a wall, fence or dense hedge not less than three feet in height. The
exact type and nature of such screening shall be approved by the Planning
Commission.
(c)
Tract coverage. The ground area occupied by all the buildings
shall not exceed in the aggregate 25% of the total area of the lot
or tract.
(d)
Customer parking space. Notwithstanding any other requirement
of this chapter, there shall be provided not less than three square
feet of automobile parking space with suitable access for each square
foot of gross floor area devoted to use by patrons.
(e)
Loading space. Notwithstanding any other requirements of this
chapter, there shall be provided one off-street loading or unloading
space for each 20,000 square feet or major fraction thereof aggregate
floor space of all buildings in the center. At least 1/3 of the spaces
required shall be sufficient in area and vertical clearance to accommodate
trucks of the tractor-trailer type.
(6)
Submission and approval of final development plan.
(a)
Submission to commission. Upon determination by the Commission
that the proposed integrated neighborhood shopping center or community
shopping center, as the case may be, as shown by the preliminary plan,
appears to conform to the requirements of this section, and all other
applicable requirements of this chapter, the proponents shall prepare
and submit a final development plan, which plan shall incorporate
any changes or modifications required by the Commission.
(b)
Recommendation to Borough Council and public hearing. If the
final development plan is found to comply with requirements set forth
in this section and other applicable provisions of this chapter, the
Commission shall submit said plan with its report and recommendations,
together with the required application by the proponents of the necessary
change in zoning classification of the site of the proposed center,
and copies thereof to the Borough Council which shall hold a public
hearing on both the development plan and application for a change
in zoning.
(c)
Possible modification and zoning. Following a public hearing,
the Borough Council may modify the plan, consistent with the intent
and meaning of this chapter, and may rezone the property to the classification
permitting the proposed center, for development in substantial conformity
with the final plan, as approved by the Borough Council.
(d)
Adjustments in carrying out plan. After the final development
plan has been approved by the Borough Council, and in the course of
carrying out this plan, adjustments or rearrangements of buildings,
parking areas, loading areas, entrances, heights, or yards may be
requested by the proponents, and, provided such requests conform to
the standards established by the final development plan and this chapter,
such adjustments or rearrangements may be authorized by the Commission.
B.
Planned residential developments.
(1)
Application of Comprehensive Plan. Every application for a planned
residential development (PRD) shall be based on, and consistent with,
and interpreted in relation to, the Comprehensive Plan of Plymouth
Borough.
(2)
Application and submission to Planning Commission. Application
shall be made to the Hearing Board through the Planning Commission.
(3)
Standards and conditions for planned residential developments.
(a)
Permitted uses. The permitted land use requirements of the zone
within which the planned residential unit is located shall apply with
the exception that:
[1]
Open space reservations shall be considered cause for population
density and building intensity increases, and for this purpose the
permitted type of dwelling units may include single-family detached
homes, townhouses, garden apartments or high-rise apartments, provided:
[a]
In PRD of less than 50 acres, only the uses permitted
in the zoning district may be used.
[b]
In planned residential developments of 50 acres
or more, a maximum of 20% of the dwellings located within C-1, A-1,
S-1, R-1, and R-2 districts may be multiple dwellings. A maximum of
one acre of the commercial and professional uses are permitted, for
each 100 dwelling units, when planned and gauged primarily for the
service and convenience of residents located in the development, and
shall be authorized only to the extent that such uses are not available
in reasonable proximity.
[c]
In tracts of land of 200 or more acres, additional
uses may be permitted if approved by the Board of County Commissioners.
(b)
Prohibited locations. Planned residential developments are prohibited
in commercial, mining and industrial zoning districts.
(c)
Density and intensity of land use.
[1]
Number of dwelling units permitted. The maximum number of dwelling
units that may be approved in a PRD shall be computed by dividing
the net development area by the minimum lot or lot area per dwelling
unit required by the district or districts in which the area is located.
The area of land set aside for common open space or recreational use
shall be included in the net development area.
[2]
Lot area. No lot or area per dwelling unit in any district listed
below shall be reduced in area below the following minimum standards:
|
Zoning District
|
Required Minimum Lot Area of District
|
Permissive Minimum Lot Area of Planned Residential Development
|
|---|---|---|
|
C-1
|
2 acres
|
40,000
|
|
A-1
|
1 acre
|
20,000
|
|
S-1
|
20,000 sq. ft.1
|
12,000 sq. ft.1
|
|
11,250 sq. ft.2
|
9,000 sq. ft.2
| |
|
R-1
|
20,000 sq. ft.1
|
12,000 sq. ft.1
|
|
11,250 sq. ft.2
|
9,000 sq. ft.2
| |
|
7,200 sq. ft.3
|
6,000 sq. ft.3
| |
|
R-2
|
20,000 sq. ft.1
|
12,000 sq. ft.1
|
|
11,250 sq. ft.2
|
9,000 sq. ft.2
| |
|
6,000 sq. ft.3
|
6,000 sq. ft.3
| |
|
3,500 sq. ft. per D.U.
|
3,000 sq. ft. per D.U.
| |
|
R-3
|
6,000 sq. ft.
|
6,000 sq. ft.
|
|
2,000 sq. ft. per D.U.
|
1,500 sq. ft. per D.U.
|
|
NOTES:
| |
|---|---|
|
1
|
Neither public water nor sewer.
|
|
2
|
Individual sewage system on each lot, but public water; or individual
water systems on each lot, but public sewers.
|
|
3
|
Public water and sewer.
|
[3]
Ownership and subdivision. The tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all the property included (the holder of a written option to purchase land, and a redeveloper under contract with the redevelopment agency to acquire land by purchase or lease, shall for purposes of such application be deemed to be an owner of such land), or by any governmental agency including a redevelopment agency. It must constitute an area of at least 20 acres or be bounded on all sides by streets, public open spaces, or the boundary lines of less restrictive use districts. The application may include a proposed subsequent division of the tract or parcel of land involved into one or more separately owned and operated units. Such proposed subsequent division, if approved along with the PRD, shall be permissible without further approval; otherwise, subsequent division of a PRD shall be permitted only upon application to the Borough Council through the Planning Commission as provided in Subsection B.
(d)
Standards and other conditions.
[1]
Open space:
[a]
Areas set aside for open space under this chapter
shall be consistent with the Comprehensive Plan of Plymouth Borough
for future land use. Any such area shall not contain any structure
other than one related to a recreational use.
[b]
Within the PRD, common open space shall be set
aside for the use and benefit of the residents in the PRD.
[c]
The deed or deeds to any land set aside as open
space must contain a restriction, in a form acceptable to the Borough
Council, to be duly recorded in the office of the Recorder of Deeds
in Luzerne County, eliminating the possibility of further subdivision
of said open space in the future.
[d]
The developer of a planned residential development
shall make adequate provision for the ownership and continuing maintenance
of open space and improvements thereon by the establishment of a home
owners' organization which is approved by the Borough Council. Such
home owners' organization shall not be dissolved nor shall it dispose
of any or all of the open space in any manner whatsoever, except to
a separate organization of home owners conceived and established to
own and maintain said open space from being dedicated to the public
by the acceptance of a deed of dedication by the Borough Council,
at its sole discretion.
[e]
The developer of a PRD shall submit full details
concerning the proposed home owners' organization, its power rights,
duties, responsibilities, etc., in regard to the ownership, and maintenance
of the common open space, which shall be subject to approval by the
Borough Council. No final plan shall be approved by the Borough Council
without such prior approval.
[2]
Other standards.
[a]
The following requirements shall apply to single-family
detached units.
[i]
The lot for each home shall have a width at the
building line of not less than 60 feet and a width at the street line
of not less than 50 feet;
[ii]
The building area shall not exceed 20% of the
lot area;
[iii]
There shall be a front yard on each street on
which the lot abuts, the depth of which shall be at least 40 feet;
[iv]
There shall be two side yards, one on each side
of the building, together having a aggregate width of not less than
25 feet but neither having a width of less than 10 feet;
[v]
There shall be a rear yard the depth of which shall
be at least 30 feet;
[b]
The following requirements shall apply to single-family
semidetached homes:
[i]
The lot for each home shall have a width at the
building line and at the street line of not less than 50 feet;
[ii]
The building area shall not exceed 30% of the
lot area;
[iii]
There shall be a front yard on each street on
which the lot abuts, the depth of which shall be at least 30 feet;
[iv]
There shall be one side yard for each home which
shall be at least 15 feet wide;
[v]
There shall be a rear yard, the depth of which
shall be at least 30 feet.
[d]
No individual section of cluster or group housing
shall contain more than six single-family townhouses. Each single-family
townhouse shall have a setback of not less than 40 feet from an interior
road right-of-way within the PRD. No part of any section of cluster
or group housing shall be erected within 150 feet of any other building
or structure in the PRD. Each single-family townhouse shall contain
at least 1,200 square feet of habitable floor area. In no case shall
any building or structure exceed 30 feet in height above the ground
slab.
[e]
Each dwelling unit shall have two off-street parking
spaces.
[f]
The Borough of Plymouth concerned shall not be
obligated to accept the dedication of streets and/or roads within
PRD, but PRD, however, must conform to all the requirements applicable
to the size, design and construction of municipal roads and streets.
[g]
Flexibility of municipality to complement the existing
neighboring properties and the municipality as a whole is a prime
objective of this chapter; the combination of uniqueness and beauty
of design and architecture in a PRD is encouraged.
(4)
Enforcement and modifications of the provisions of the plan.
To further the mutual interest of the residents of the planned residential
development and of the public in the preservation of the integrity
of the development plan, as finally approved, and to ensure that modifications,
if any, in the development plan shall not impair the reasonable reliance
of the said residents upon the provisions of the development plan,
and not result in changes that would adversely affect the public interest,
the enforcement and modification of the provisions of the development
plan as finally improved, whether those are recorded by plat, covenant,
easement or otherwise shall be subject to the following provisions:
(a)
The provisions of the development plan relating to the use, bulk and location of buildings and structures; the quantity and location of common open space, except as otherwise provided in Subsection B; and the intensity of use or the density of a residential unit shall run in favor of Plymouth Borough, and shall be enforceable in law or in equity by Plymouth Borough without limitation on any powers of regulation otherwise granted Plymouth Borough.
(b)
All provisions of the development plan shall run in favor of
the residents of the PRD, but only to the extent expressly provided
in the development plan and in accordance with the terms of the development
plan, and to that extent said provision whether recorded by plat,
covenant, easement or otherwise, may be enforced at law or equity
by said residents acting individually, jointly or through an organization
designated in the development plan to act on their behalf; provided,
however, that no provisions of the development plan shall be implied
to exist in favor of residents of the planned residential development
except as to those portions of the development plan which have been
finally approved and have been recorded.
(c)
All those provisions of the development plan authorized to be
enforced by Plymouth Borough under this section may be modified, removed
or released by the Borough Council of Plymouth Borough except grants
or easements relating to the service or equipment of a public utility
subject to the following conditions:
[1]
No such modification, removal or release of the provision of
the development plan by the municipality shall affect the rights of
the residents of the PRD to maintain and enforce those provisions,
at law or equity, as provided in this section;
[2]
No modification, removal or release of the provisions of the
development plan by the Borough shall be permitted except upon a finding
by the Borough Council following a public hearing thereon pursuant
to public notice called and held in accordance with the provisions
of this article, that the same is consistent with the efficient development
and preservation of the entire PRD, does not adversely affect either
the enjoyment of land abutting upon or across the street from the
PRD or the public interest, and is not granted solely to confer a
special benefit upon any person.
(d)
Residents of the PRD may, to the extent and in the manner expressly
authorized by the provisions of the development plan, modify, remove
or release their rights to enforce the provisions of the development
plan, but no such action shall affect the right of the Borough to
enforce the provisions of the development plan in accordance with
the provisions of this section.
C.
Application for tentative approval of planned residential development.
(1)
The application for tentative approval of a PRD shall include
a written statement by the landowner or owners setting forth the reasons
why, in his opinion, a planned residential development would be in
the public interest and would be consistent with the Comprehensive
Plan for the development of the Borough of Plymouth.
(2)
The Planning Commission of Plymouth Borough shall determine
whether or not the PRD conforms with the Comprehensive Plan of Plymouth
Borough and particularly the Land Use Plan in the Comprehensive Plan
and shall review the application for tentative approval and make recommendations
to the Borough Council of Plymouth Borough.
(3)
An application for tentative approval of a PRD shall be informative
and shall contain a detailed plan consisting of the following:
(a)
The location, size, soil conditions and topography of the entire
tract and adjacent properties;
(b)
The nature and interest of any and all owners of the tract,
as well as the owners of all adjacent neighboring tract of land;
(c)
The density of land use to be allocated to parts of the tract
to be developed;
(d)
The location and size of the common open space;
(e)
The specific details of the proposed homeowners' organization
created to own, maintain and improve the open space, along with the
proposed deed restrictions, homeowners' agreements, etc., concerning
ownership and maintenance of said open space;
(f)
The feasibility studies of public water and public sanitary
sewer lines and treatment plants, and the location and size of stormwater
facilities made by an engineer licensed to practice in Pennsylvania,
and the recommendations of the PA Department of Environmental Protection
on the proposed water and sewer systems.
(g)
The use, dimensions, location, architectural design and elevations
of all buildings and structures, including architectural schematics;
(h)
The covenants, restrictions, grants of easements, or any other
restrictions to be imposed on the use of land, buildings and structures,
including the location of the proposed easements for public parking;
(i)
The provisions for parking of vehicles and the location and
width of all proposed streets and public and/or private rights-of-way;
(j)
The existing zoning applicable to said tract, and the required
modifications in the Borough land regulations otherwise applicable
to the subject property;
(k)
The specific use of the open spaces, and the condition of said
open space at such time it is turned over to the homeowners'
organization and the proposed dates or dates thereof;
(l)
In the event that the application for preliminary approval calls
for a development of the entire tract over a period of time, the time
schedule proposed for such development, as well as a time schedule
showing approximately when applications for final approval of all
sections will be filed; all such time schedules shall be updated annually
until development is completed and accepted, and shall be changed
only with the approval of the Borough Council of Plymouth Borough.
(4)
Public hearings.
(a)
Within 60 days after the filing of an application for tentative
approval of a planned residential development, a public hearing pursuant
to public notice on said application shall be held by the Borough
Council in the manner prescribed for the enactment of an amendment
to this chapter. The Chairman or, in his absence, the acting Chairman
of the Borough Council, may administer oaths and compel the attendance
of witnesses. All testimony by witnesses at any hearing shall be given
under oath and every party of record at a hearing shall have the right
to cross-examine adverse witnesses.
(b)
A verbatim record of the hearing shall be caused to be made
by the Borough Council whenever such records are requested by any
party to the proceedings; but the cost of making and transcribing
such a record shall be borne by the party requesting it and the expense
of copies of such record shall be borne by those who wish to obtain
such copies. All exhibits accepted in evidence shall be identified
and duly preserved, or if not accepted in evidence, shall be properly
identified and the reason for the exclusion clearly noted in the record.
(c)
The Borough Council may continue the hearing from time to time
and may refer the matter back to the Borough Planning Commission for
a report; provided, however, that in any event, the public hearing
or hearings shall be concluded within 60 days after the date of the
first public hearing.
(5)
The findings.
(a)
The Borough Council, within 30 days following the conclusion
of the public hearing provided for in this chapter, shall be official
written communication, to the landowner, either:
[1]
Grant tentative approval of the development plan as submitted;
[a]
Grant tentative approval subject to specified conditions
not included in the development plan as submitted; or
[b]
Deny tentative approval to the development plan.
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Failure to so act within said period shall be deemed to be a
grant of tentative approval of the development plan as submitted.
In the event, however, that tentative approval is granted subject
to conditions, the landowner may, within 30 days after receiving a
copy of the official written communication of the Borough Council,
notify such Council of his refusal to accept all said conditions,
in which case, the Council shall be deemed to have denied tentative
approval of the development plan. In the event the landowner does
not, within said period, notify the Council of his refusal to accept
all said conditions, tentative approval of the development plan, with
all said conditions, shall stand as granted.
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(b)
The grant or denial of tentative approval by official written
communication shall include not only conclusions but also findings
of fact related to the specific proposal and shall set forth the reasons
for the grant, with or without conditions, or for the denial, and
said communications shall set forth with particularity in what respects
the development plan would or would not be in the public interest,
including, but not limited to, findings of fact and conclusions on
the following:
[1]
In those respects in which the development plan is or is not
consistent with the Comprehensive Plan for the development of the
Borough of Plymouth.
[2]
The extent to which the development plan departs from zoning
and subdivision regulations otherwise applicable to the subject property,
including, but not limited to, density, bulk and use, and the reasons
why such departures are or are not deemed to be in the public interest;
[3]
The purpose, location and amount of the common open space in
the PRD, the reliability of the proposals for maintenance and conservation
of the common open space, and the adequacy or inadequacy of the amount
and purpose of the common open space as related to the proposed density
and type of residential development;
[4]
The physical design of the development plan and the manner in
which said design does or does not make adequate provision for public
services, provide adequate control over vehicular traffic, and further
the amenities of light and air, recreation and visual enjoyment;
[5]
The relationship, beneficial or adverse, of the proposed PRD
to the neighborhood in which it is proposed to be established; and
[6]
In case of a development plan which proposed development over
a period of years, the sufficiency of the terms and conditions intended
to protect the interests of the public and of the residents of the
planned residential development in the integrity of the development
plans.
(c)
In the event a development plan is granted tentative approval,
with or without conditions, the Borough Council of Plymouth may set
forth in the official written communication the time within which
an application for final approval of the development plan shall be
filed or, in the case of a development plan which provides for development
over a period of years, the periods of time within which applications
for final approval of each part thereof shall be filed. Except upon
the consent of the landowner, the time so established between grant
of tentative approval and an application for final approval shall
not be less than three months and, in the case of developments over
a period of years, the time between applications for final approval
of each part of a plan shall be not less than 12 months.
(6)
Status of plan after tentative approval.
(a)
The official written communication provided for in this chapter
shall be certified by the Chief Clerk of the Borough of Plymouth and
shall be filed in his office, and a certified copy shall be mailed
to the landowner. Where tentative approval has been granted, the same
shall be noted on the Zoning Map in the office of the Zoning Officer.
(7)
Application for final approval.
(a)
An application for final approval may be for all the land included
in a development plan or, to the extent set forth in the tentative
approval, for a section thereof. Said application shall be made to
the Borough Council and within the time or times specified by the
official written communication granting tentative approval. The application
shall include any drawings, specifications, easements, performance
bond and such other requirements as may be specified by ordinance,
as well as any conditions set forth in the official written communication
at the time of tentative approval. A public hearing on an application
for final approval of the development plan or part thereof shall not
be required provided the development plan, or the part thereof, submitted
for final approval, is in compliance with the development plan theretofore
given tentative approval and with any specified conditions attached
thereto. The Borough Council may refer it to the Plymouth Planning
Commission for recommendation.
(b)
In the event the application for final approval has been filed,
together with all drawings, specifications and other documents in
support thereof, and as required by the chapter and the official written
communication of tentative approval, the Borough Council shall, within
30 days of such filing, grant such development plan final approval,
provided it conforms with the tentative approval.
(c)
In the event the development plan as submitted contains variations
from the development plan given tentative approval, the Borough Council
may refuse to grant final approval and shall, within 30 days from
the filing of the application for final approval, so advise the reasons
why one or more of said variations are not in the public interest.
In the event of such refusal, the landowner may either:
[1]
Refile his application for final approval without the variations
projected; or
[2]
File a written request with the Borough Council that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner and the hearing shall be conducted in the manner prescribed in this chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Borough Council shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in Subsection B.
(d)
A development plan, or any part thereof, which has been given
final approval shall be so certified without delay by the Borough
Council and shall be filed of record forthwith in the office of the
Recorder of Deeds before any development shall take place in accordance
therewith. Upon the filing of record of the development plan the zoning
and subdivision regulations otherwise applicable to the land included
in such plan shall cease to apply thereto. Pending completion within
a reasonable time of said PRD or of that part thereof as the case
may be, that has been finally approved, no modification of the provisions
of said development plan, or part thereof, as finally approved, shall
be made except with the consent of the landowner.
(e)
In the event that a development plan, or a section thereof,
is given final approval and thereafter the landowner shall abandon
such plan or the section thereof that has been finally approved, and
shall so notify the Borough Council in writing; or, in the event the
landowner shall fail to commence and carry out the PRD within such
reasonable period of time as may be fixed by ordinance after final
approval has been granted, no development or future development shall
take place on the property included in the development plan until
after the said property is resubdivided and is reclassified by enactment
of an amendment to this chapter in the manner prescribed in said chapter.
These structures shall be located not less than 50 feet from
any other lot in an S-1 or R-1 district, and not less than 20 feet
from any lot in an R-2 or R-3 district.
Commercial race tracks must have all activities, including all
buildings, not less than 400 feet from any residence district or any
lot occupied by a dwelling, school, church, or institution for human
care. Traffic in connection with race tracks, must be arranged to
cause a minimum of congestion.
Automobile race tracks shall require the approval of the Board.
Plans for sanitary landfill areas shall be in harmony with existing
surrounding uses or those proposed in the land use plan, and the opinion
of the State Department of Health as to proper drainage, cover, and
the operation as a whole, shall be obtained.
Plans for sewage disposal plants must be in harmony with surrounding
uses and the written approval of the State Department of Health must
be obtained.
A.
Private swimming pools. A private swimming pool, but not including
farm ponds, as regulated herein, shall be any pool, lake or open tank
not located within a completely enclosed building, and containing
or normally capable of containing water to a depth at any point greater
than 1 1/2 feet. No such swimming pool shall be allowed in a
C-1, A-1 or any R district except as an accessory use and unless it
complies with the following conditions and requirements:
(1)
The pool is intended and is to be used solely for the enjoyment
of the occupants of the principal use of the property on which it
is located, and their guests, and no fee shall be charged.
(3)
The swimming pool, or the entire property on which it is located,
shall be so walled or fenced so as to prevent uncontrolled access
by children from the street or from adjacent properties, said fence
or wall to be not less than four feet in height and maintained in
good condition.
B.
Community or club swimming pools. A community or club swimming pool
shall be any pool constructed by an association of property owners,
or by a private club solely for use and enjoyment by members of the
association or club and their families and guests of members. Community
and club swimming pools shall comply with the following conditions
and requirements:
(1)
The pool and accessory structures thereto, including the areas
used by the bathers, shall not be closer than 100 feet to any property
line of the property on which it is located.
(2)
The swimming pool and all of the area used by the bathers shall
be so walled or fenced as to prevent uncontrolled access by children
from the street or adjacent properties. The said fence or wall shall
not be less than four feet in height, and maintained in good condition.
The area surrounding the enclosure, except for the parking spaces,
shall be suitably landscaped with grass, hardy shrubs and trees, and
maintained in good condition.
Tourist homes are required to be along state or federal highways.
In R-2 and R-3 districts, not more than four guests are permitted,
as well as an unlighted sign not exceeding 12 square feet in area,
or a lighted sign not exceeding three square feet in area with enclosed
lighting through translucent glass or by blue or green neon.
A.
No trailer, trailer coach or mobile home shall be used outside of
a permitted trailer park to provide living quarters or space for the
conduct of business, except that it may be used temporarily for office
purposes during the construction of a principal building or a road,
on the issuance of a temporary permit by the Zoning Officer.
B.
Except for trailers offered for sale on trailer sales lots, the parking
of a trailer, trailer coach or mobile home outside of a permitted
trailer park in any district for 48 hours or more shall be prohibited.
Small utility trailers are excluded from this provision.
C.
Trailer parks where permitted shall observe the following requirements:
(1)
No trailer park shall have an area less than five acres, nor
an average gross area per trailer of less than 3,000 square feet.
(2)
Every trailer shall be supplied with a potable water service
and shall be connected to a sanitary sewer and an approved sewage
disposal system.
(3)
A safe, usable recreation area shall be conveniently located
in every trailer park and shall contain a total area equivalent to
an allowance of 300 square feet per trailer, which shall not be less
than 10% of the gross area of the trailer park.
(4)
No trailer shall be located less than 50 feet from any abutting
property in a C-1, A-1, residence or M-1 district.
(5)
The trailer park shall be permanently landscaped and maintained
in good condition.
(6)
All requests to make temporary mobile home parks permanent, which mobile home parks occurred as a result of the flood caused by Hurricane Agnes during the time zoning was suspended for housing for flood sufferers by the State Council of Civil Defense must first be submitted to the Zoning Hearing Board for consideration as a use by special exception, in conformity with § 231-804B of this chapter and all other sections of this chapter regulating special exceptions. After action is taken upon the application by the Zoning Hearing Board, said application and decision shall then be certified to the Zoning Officer to comply with the procedure for rezoning as set forth in this chapter under Article X and all sections thereof.
D.
Except for trailers or mobile homes offered for sale on trailer or mobile home sales lots, or those for which the necessary permits have been obtained, the parking of a trailer or mobile home outside of a permitted trailer or mobile home park in any district for 48 hours or more shall be prohibited, except as permitted in Subsection D(1) below:
(1)
Camping and recreational equipment. Any owner of camping and
recreational equipment, including, but not limited to, travel trailers,
pickup coaches, motorized homes, and boat trailers, may park or store
such equipment on private residential property subject to the following
conditions:
(a)
Such parked or stored camping and recreational equipment shall
never be occupied or used for living, sleeping or housekeeping purposes.
(b)
If the camping or recreational equipment is parked or stored
outside of a building, it shall be parked or stored, if possible,
to the rear of the building line of the lot, and in all cases shall
at least be parked or stored to the rear of the front building line
of the lot.
The Borough shall require approval of the Pennsylvania Department
of Environmental Resources.
The Borough shall determine that the use does not conflict with
any state or federal laws and shall check to see that the utmost in
safety is provided for, that the area is not developed or developing,
and enough space is acquired by the applicant to protect nearby properties.
A.
Attached accessory structures. Accessory structures which are attached
to the principal building shall comply with all the yard requirements
for a principal structure.
B.
Unattached accessory structures in B-3, M-1, M-2, M-3, C-1, A-1 and
R districts may be erected within a rear yard, provided they conform
with the following:
(1)
An unattached accessory structure shall be located not less
than 10 feet from a principal structure.
(2)
Maximum height: 1 1/2 stories or 15 feet except in A-1
districts.
(3)
An unattached accessory structure shall not be less than five
feet from the side lot line, except by written consent of adjoining
owner and the approval of the Planning Commission.
(4)
Side yard (corner lot): same as for a principal structure.
(5)
An unattached accessory structure shall be not less than five
feet from the rear lot line, except when the structure abuts an alley,
in which case 10 feet shall be required.
(6)
Not more than two accessory structures, including a private
garage, shall be located in any R district, on one lot.
C.
Unattached nonresidential accessory structures shall comply with
the front and side yard requirements for the principal structure.
They shall have a rear yard of at least 10 feet, except as otherwise
specified in this chapter.
