City of New Castle, PA Article 1329 District Regulations

§ 1329.01 Zoning Map.

[Ord. 7903, passed 11-12-2009]

A map entitled "Zoning Map, City of New Castle, Pennsylvania," is hereby adopted as part of this Zoning Ordinance. The Zoning Map shall be kept on file and available for public examinations at the office of the City Engineer.

§ 1329.02 Zoning districts.

[Ord. 7903, passed 11-12-2009]

The City is divided into the districts as set forth in this Zoning Ordinance and as shown by district boundaries. Specific permitted uses, conditional uses and special exceptions are delineated in Table 1329.04(A). This section describes the purpose of the various zoning districts and should be regarded both as the legislative intent of the City and as an amplification of community development objectives as set forth by Section 1321.06.

(a) Residential Districts. Districts designated for residential use are for dwellings and the uses normally associated with residential neighborhoods. Such uses include schools, churches and parks. The specific purpose of each of the residential districts are as follows:

R-1	Low Density Residential Districts are generally for single-family low density residential developments.
R-2	Medium Density Residential Districts are for single and two-family residential developments, in certain instances multi-family developments are permitted.
R-3	High Density Residential Districts are for multi-family residential developments on valuable centrally located property or property where good access, public utilities and community facilities warrant a higher density of population. Higher densities would be accommodated primarily through apartments or other multiple-family dwellings.

(b) Business Districts. Districts designated for business use are more restrictive in outlying residential areas. Compact district for business uses can be served better with fire protection, police protection and other public services than scattered individual uses or mixed development.

C-1	General Business Districts are for all retail establishments which normally occur within shopping centers, including space for automobile-oriented businesses and services and other business activities related thereto.
C-2	The Central Business District is for major shopping facilities, offices, entertainment facilities and related uses which serve the entire area. In certain instances apartment houses will be permitted. The purpose of this district is to satisfy the unique needs and to promote the sound development of the Central Business District.

(c) Industrial Districts. Districts designated for industry are designed to protect existing industrial sectors, and to provide for spaces for future expansion of same. In addition, development standards, yard, parking and other regulations set forth will assure industrial development will be compatible with adjacent uses.

M-1	Light Industrial Districts are for the development of high standard precision activities which have minimal effect on the surrounding environment.
M-2	Heavy Industrial Districts are for a wider range of industrial activities while still protecting adjacent properties from objectionable influences.
M-2A	This District is established for the purposes for which the M-2A Heavy Industrial Districts were created and also to provide for and conditionally permit Adult Entertainment Establishments.

§ 1329.03 District boundaries; boundary tolerances.

[Ord. 7903, passed 11-12-2009]

(a) The boundaries between districts are center lines of streets, alleys, railroad rights-of-way, streams of such lines extended or lines parallel thereto or concentric therewith, or property lines when proximate thereto, or may be lines otherwise indicated on the Zoning Map. Any person aggrieved by the interpretation of the Zoning Map by the Zoning Officer concerning the location of the district boundary may appeal to the Zoning Hearing Board, and the Board shall determine the location of the district boundary.

(b) Where a district boundary line divides a lot held in single and separate ownership at the effective date of this section, the use regulations applicable to the less restrictive districts shall extend over the portion of the lot in the more restricted district a distance of not more than 50 feet by and through district boundary line.

§ 1329.04 District regulations.

[Ord. 7903, passed 11-12-2009; Ord. 7953, passed 4-14-2011; Ord. 8027, passed 11-29-2012; Ord. 8267, passed 5-24-2018]

Lot and yard dimensions, permitted uses, conditional uses and special exceptions, maximum height of structures and maximum lot coverage are specified for each district in Tables 1329.04(A) and (B). Any use not expressly listed for a district is prohibited in that district. Conditional uses require approval of Council, after recommendation by the Planning Commission whereas permitted uses require only normal application procedures. Special exceptions require the approval of the Zoning Hearing Board which may provide for such additional reasonable conditions they deem necessary. Uses which are normally accessory to the declared uses are also permitted.

Table 1329.04(A)
Permitted Uses, Conditional Uses and Special Exceptions for Each Zoning District
R-1 Low Density Residential District
Permitted Uses
1.	Accessory use
2.	Municipal building
3.	No-impact home-based business
4.	Public park and playground
5.	Public utility building/essential services building
6.	Single-family dwelling
Conditional Uses
1.	Church [1329.06(h)]
2.	Conversion to two-family dwelling [1329.05(g)] [1331.06] [1329.06(e)]
3.	Cultural service [Article 1322]
4.	Emergency services [1329.06(b)]
5.	Home occupation [1329.06(c)]
6.	Hospital [1329.06(i)]
7.	Public and private school [1329.06(a)]
Special Exceptions
R-2 Medium Density Residential District
Permitted Uses
1.	Accessory use
2.	Library
3.	Municipal building
4.	No-impact home-based business
5.	Public park and playground
6.	Public utility building/essential services building
7.	Single-family dwelling
Conditional uses
1.	Apartment house [1329.05(f)] [1331.06] [1329.06(e)]
2.	Church [1329.06(h)]
3.	Cultural service [Article 1322]
4.	Emergency services station [1329.06(b)]
5.	Funeral home [1329.06(f)]
6.	Home occupation [1329.06(c)]
7.	Hospital [1329.06(I)]
8.	Nursing/convalescent home [1329.06(d)]
9.	Professional office [Article 1322] [1331.06] [1329.06(w)]
10.	Public and private school [1329.06(a)]
11.	Three and four-family dwelling [1325.05(f)] [1331.06] [1329.06(e)]
Special Exceptions
1.	Off-street parking lot, private [Article 1322] [1329.06(j)], [1331.06]
2.	Two-family dwelling [1329.05(f)] [1329.06(e)] [1331.06]
R-3 High Density Residential District
Permitted Uses
1.	Accessory use
2.	Library
3.	Municipal building
4.	No-impact home-based business
5.	Public park and playground
6.	Public utility building/essential services building
7.	Single-family dwelling
8.	Two-family dwelling
Conditional uses
1.	Animal shelter [Article 1322] [1329.06(dd)]
2.	Apartment house [1329.05(f)] [1331.06] [1329.06(e)]
3.	Church [1329.06(h)]
4.	Day care home [Article 1322] [1329.06(v)]
5.	Drug and/or alcohol counseling center [Article 1322] [1329.06(ff)]
6.	Dwellings for groups [Article 1335]
7.	Emergency services station [1329.06(b)]
8.	Funeral home [1329.06(f)]
9.	Group home [Article 1335]
10.	Halfway house [Article 1322] [1329.06(y)]
11.	Health care clinic [Article 1322] [1329.06(x)]
12.	Home occupation [1329.06(c)]
13.	Homeless shelter [Article 1322] [1329.06(ee)]
14.	Hospital [1329.06(i)]
15.	Kennel [1329.06(u)]
16.	Mobile home court and development [Article 1333]
17.	Nursing/convalescent home [1329.06(d)]
18.	Personal care home [Article 1335]
19.	Professional office [Article 1322] [1329.06(w)] [1331.06]
20.	Public and private school [1329.06(a)]
21.	Rooming and boarding house [Article 1322] [1329.06(m)]
22.	Three and four-family dwelling [1329.05(f)] [1331.06] [1329.06(e)]
23.	Veterinary/animal clinic [1329.06(o)]
Special Exceptions
1.	Off-street parking lot, private [Article 1322] [1329.06(j)] [1331.06]
2.	Public utility building/essential services building [1329.06(g)]
C-1 General Business District
Permitted uses
1.	Accessory use
2.	Bakery
3.	Bank
4.	Commercial amusement recreation
5.	Confectionery
6.	Hotel/motel
7.	Library
8.	Municipal building
9.	No-impact home-based business
10.	Office
11.	Personal service
12.	Private club
13.	Professional office
14.	Public utility building/essential services building
15.	Restaurant
16.	Retail business
17.	Single-family dwelling
18.	Theater
19.	Two-family dwelling
Conditional Uses
1.	Apartment house [1329.05(f)] [1331.06(e)]
2.	Automotive sales and service and repairs [1329.06(k)]
3.	Bar/tavern [Article 1322]
4.	Car wash [1329.06(q)]
5.	Day care center [Article 1322] [1329.06(v)]
6.	Drive through business [1329.06(cc)]
7.	Drug and alcohol counseling center [Article 1322]
8.	Emergency services station [1329.06(b)]
9.	Four-family dwelling [1329.05(f)] [1331.06(e)]
10.	Funeral home [1329.06(f)]
11.	Gasoline service station [Article 1322] [1329.06(n)]
12.	Home occupation [1329.06(c)]
13.	Hospital [1329.06(i)]
14.	Research laboratory [1329.06(p)]
15.	Wholesale outlet [1329.06(bb)]
Special Exceptions
1.	Off-street parking lot, private [Article 1322] [1329.06(j)] [1331.06]
2.	Three-family dwelling [1329.05(f)] [1331.06] [1329.06(e)]
C-2 Central Business District
Permitted Uses
1.	Accessory use
2.	Bakery
3.	Bank
4.	Commercial amusement recreation
5.	Confectionery
6.	Hotel/motel
7.	Library
8.	Municipal building
9.	Office
10.	Personal service
11.	Private club
12.	Printing and engraving
13.	Professional office
14.	Public utility building/essential services building
15.	Restaurant
16.	Retail business
17.	Theater
Conditional Uses
1.	Apartment house [1329.05(f)] [1331.06(e)]
2.	Automotive sales and service and repair [1329.06(k)]
3.	Bar/tavern [Article 1322]
4.	Bottle club [1329.06(t)] [1331.06]
5.	Car wash [1329.06(q)]
6.	Drive through business [1329.06(cc)]
7.	Drug and alcohol counseling center [Article 1322]
8.	Emergency services station [1329.06(b)]
9.	Funeral home [1329.06(f)]
10.	Gasoline service station [Article 1322] [1329.06(n)]
11.	Home occupation [1329.06(c)]
12.	Mixed use [Article 1322]
13.	Off-street parking lot, private [Article 1322] 1329.06(j)] [1331.06]
14.	Sign, outdoor advertising [Article 1332]
15.	Wholesale outlet [1331.06(bb)]
Special Exceptions
M-1 Light Industrial District
Permitted uses
1.	Accessory use
2.	Automotive sales and service and repair
3.	Contractor's yard
4.	Emergency services
5.	Light manufacturing
6.	Office
7.	Public utility building/essential services building
8.	Research laboratory
9.	Restaurant
10.	Retail business
11.	Service garage
12.	Sign, outdoor advertising
13.	Supply yard
14.	Truck terminal
15.	Truck/trailer rental
16.	Warehouse
17.	Wholesale business or outlet
Conditional Uses
1.	Gasoline service station [Article 1322] [1329,06(n)]
2.	Day care center [Article 1322] [1329.06(v)]
3.	Consumer fireworks [Article 1329.06(gg)]
Special Exceptions
1.	Off-street parking lot, private [Article 1322] [1329.06(j)] [1331.06]
M-2 Heavy Industrial District
Permitted Uses
1.	Accessory use
2.	Automotive sales and service and repair
3.	Contractor's yard
4.	Emergency services
5.	Heavy manufacturing
6.	Light manufacturing
7.	Office
8.	Plastic manufacturing
9.	Public utility building/essential services building
10.	Research laboratory
11.	Restaurant
12.	Retail business
13.	Service garage
14.	Sign, outdoor advertising
15.	Supply yard
16.	Truck terminal
17.	Truck/trailer rental
18.	Warehouse
19.	Wholesale outlet
Conditional Uses
1.	Gasoline service station [Article 1322] [1329.06(n)]
2.	Junk yard [1329.06(r)][1331.10]
3.	Scrap yard [1329.06(s)] [1331.10]
4.	Consumer fireworks [Article 1329.06(gg)]
Special Exceptions
1.	Off-street parking lot, private [Article 1322] [1329.06(j)] [1331.06]
M-2A Heavy Industrial District
Permitted Uses
1.	Accessory use
2.	Contractor's yard
3.	Emergency services
4.	Heavy manufacturing
5.	Light manufacturing
6.	Office
7.	Public utility building/essential services building
8.	Research laboratory
9.	Restaurant
10.	Retail business
11.	Service garage
12.	Sign, outdoor advertising
13.	Supply yard
14.	Truck terminal
15.	Truck/trailer rental
16.	Warehouse
17.	Wholesale outlet
Conditional Uses
1.	Adult entertainment establishment [Article 1336]
2.	Gasoline service station [Article 1322] [1329.06(n)]
3.	Junk yard [1329.06(r)] [1331.10]
4.	Scrap yard [1329.06(s)] [1331.10]
Special Exceptions
1.	Off-street parking lot, private [Article 1322] [1329.06(j)] [1331.06]

Table 1329.04(B)
Lot, Yard and Height Requirements
Use Districts:	R-1	R-2	R-3	C-1	C-2	M-1	M-2	M-2A
Minimum lot area per family (Square Feet)	6,000(a)	6,000(a, f)	6,000(a, f)	N/A	(f)	N/A	N/A	N/A
Maximum lot coverage by building (%)	35	35	35	40	100	60	75	75
Minimum lot width (Ft.)	50	50	60	N/A	N/A	N/A	N/A	N/A
Minimum Depth of Front Yard (Ft.)	20(b, c)	20(b, c)	20(b, c)	15(b, c)	N/A	30	30	50
Minimum Depth of Rear Yard (Ft.)	30	30	30	15	N/A	30	30	30
Minimum Width of Each Side Yard (Ft.)	5	5	10	10	N/A	20	20	20
Maximum Height of Principal Structure (Ft.)	35(d, e)	35(d, e)	35(d, e)	45(e)	120(e)	100(e)	100(e)	100(e)
Maximum Height of Accessory Structure (Ft.)	15	15	15	20	20	20	20	20

(a)	Use of lot of record [1329.05(a)]
(b)	Front yard existing building [1329.05(b)]
(c)	Two or more districts in one block [1329.05(c)]
(d)	Height exceptions [1329.05(d)]
(e)	Chimneys, spires and towers [1329.05(e)]
(f)	Two-three-four family dwelling and apartment house [1329.05(f)]

§ 1329.05 Supplementary lot, yard and height regulations.

[Ord. 7903, passed 11-12-2009]

(a) Use of lot of record. Any lot of record existing at the effective date of this section may be used and occupied by a single-family detached dwelling even though its lot area per family is less than the minimum requirement of this Zoning Ordinance.

(b) Front yards of existing buildings. In any district so designated on Table 1329.04(B), where a structure exists on an adjacent lot having a front yard greater or lesser than the minimum depth required, the minimum depth of the front yard required shall be the average depth of the front yard of the existing structure on the adjacent lot and the minimum depth of the front yard required for the district; where structures exist on both adjacent lots the minimum depth of the front yard shall be the average depth of the existing structures.

(c) Two or more districts in one block. Where two or more districts face upon the same street in a single block, the required front yard shall be the greater one.

(d) Height exceptions. The height of a principal structure, where indicated on Table 1329.04(B) may be increased one foot for each foot the minimum front, side and rear yards are increased to the following maximum:

District	Maximum Height (feet)
R-1	40
R-2	50

(e) Chimneys, spires and towers. Appurtenances to buildings such as chimneys, stacks, elevator bulkheads, penthouses, gas or water towers, cooling towers, wireless towers, and similar items, where permitted by the City Building Code, or such items as ornamental spires, steeples, domes, if erected for ornamental purposes only as an integral part of an architectural scheme, may be erected.

(f) Two-three-four-family dwelling and apartment house. Minimum lot area per family for two-three-four-family dwelling and apartment house, where permitted, are as follows:

Type	Minimum Lot Area (square feet)
Two-family Dwelling	6,500
Three-family Dwelling	9,750
Four-family Dwelling	13,000
Apartment House	13,000 plus an additional 500 feet for each dwelling unit in excess of four

(g) Conversion to two-family. Council may authorize as a Conditional Use, the conversion of any existing building in an R-1 Residential District into a dwelling for two families, provided that the yard and building area requirements for the R-1 Residential District are not reduced thereby. If such use is authorized, Council may prescribe such further conditions with respect to the conversion in use of such buildings as it deems necessary to fulfill the purpose of this Zoning Ordinance.

§ 1329.06 Guideline and criteria for conditional uses and special exceptions.

[Ord. 7903, passed 11-12-2009; Ord. 7942, passed 11-23-2010; Ord. 8267, passed 5-24-2018]

Conditional uses are to be allowed or denied by Council after recommendations by the City Planning Commission, while special exceptions or variances are allowed or denied by the Zoning Hearing Board. The purpose of the conditional use and special exception categories are to provide flexibility within specific zoning districts. However, it is not the intent of this Zoning Ordinance to allow such uses automatically. The chief criteria or standard that any conditional use or special exception must meet is the effect such use would have on its immediate surroundings. If such an effect is adverse due to potential noise, traffic congestion, pedestrian traffic, hours of operation, safety or general environmental degradation then, regardless of the fact such a proposed use may meet other criteria as listed in this section, it shall be denied. In each case under a conditional use request, special exception or variance, Council or the Board may reasonably place any additional conditions upon the applicant to insure the integrity of the neighborhood.

(a) Public and private schools.

(1) Such uses must meet all parking and loading requirements of this Zoning Ordinance.

(2) All playground areas shall be effectively screened from any abutting residential properties. Such screening shall consist of a fence of not less than five feet in height or higher if deemed necessary by Council, and a buffer area not less than five feet wide.

(3) No storage of equipment or material shall be permitted outside a structure.

(4) All lights shall be shielded and reflected away from adjoining property.

(5) Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles.

(6) No outdoor recreation facilities or play areas shall be within 25 feet of an abutting residential lot line.

(b) Emergency services.

(1) Fire stations shall provide off-street parking at a rate of not less than one parking space for each 1.5 employees assigned to such station at the maximum shift. The design of such parking facilities shall conform to the regulations set forth by Section 1331.06.

(2) In order to minimize the potential traffic hazard of the sudden ingress and egress of emergency vehicles upon City streets and highways, the location of emergency service stations shall be reviewed by the office of the City Engineer and the Traffic Division of the Police Department.

(3) All lights shall be shielded and reflected away from adjoining property.

(c) Home occupations.

(1) Home occupations may include, but are not limited to: art studios, dressmaking, professional offices, physicians, psychologists, dentists, lawyers, engineers, architects, or accountants, real estate offices, insurance offices. However, a home occupation shall not be interpreted to include, for instance, commercial stables and kennels, restaurants or repair services.

(2) A home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes The following additional conditions shall be observed:

A. The occupation is customarily carried on in a dwelling unit or in a building accessory to a dwelling unit.

B. The occupation is carried on by a member of the family residing in the dwelling unit, with not more than one employee not living on the premises.

C. The occupation is carried on wholly within the principal building or accessory building.

D. There shall be no exterior display, exterior sign other than permitted by Article 1332, no exterior storage of material and no exterior indication of home occupation or variation from the residential character of the principal building.

E. There shall be no exterior alterations which are not customarily in residential buildings.

F. No offensive odor, vibration, smoke, dust, heat, noise or glare shall be produced.

G. There shall be no commodity sold which is produced elsewhere than on the premises except those items clearly incidental to the home occupation.

H. The occupation shall occupy no more than 30% of the principal building.

I. Adequate off-street parking shall be provided.

(d) Nursing/Convalescent Homes. Nursing and convalescent homes shall be so constructed as to blend in with the residential character of the neighborhood. In addition, such uses shall:

(1) Provide all required off-street parking in accordance with Section 1331.06.

(2) The facility shall be licensed by the Commonwealth of Pennsylvania.

(3) The required yard setbacks for the principal building shall be a minimum of 30 feet from a residential lot line.

(4) Parking shall not be permitted in the front yard.

(5) Ingress, egress and internal circulation shall be designed to ensure safety and access by emergency vehicles.

(6) Adequate open space shall be provided for outdoor activity consistent with the needs of the residents.

(7) Shall include constant supervision during all hours of operation.

(8) The property shall be effectively screened.

(e) Two-family, three-family, four-family dwellings, and apartment houses two stories or less in height. Two, three, and four-family dwellings shall adhere to the lot area requirements as set forth by Section 1329.05(f). In addition, they shall adhere to the following requirements:

(1) Provide at least 1.5 parking spaces per dwelling unit, such spaces to conform to the design standards as set forth by Section 1331.06. In no event shall parking spaces be permitted in the required front yard space.

(f) Funeral homes. Funeral homes shall provide off-street parking in accordance with Section 1331.06. All outdoor lighting shall be so directed away from neighboring residents.

(1) Such use must comply with State Licensing and Regulations.

(2) The funeral procession formation shall be taken on the lot and not on the street.

(3) There shall be no crematory, receiving vault, preparation room, or display of merchandise or advertising visible from outside the main or accessory building. These uses shall be a minimum of 30 feet from a residential lot line.

(4) The principal building shall be located no closer than 30 feet to a residential lot line.

(5) There should be effective screening abutting a residential use.

(g) Public utility building/essential services building. If any utility substation is located within the required front yard, then it shall be constructed below grade. Above ground installations shall conform to yard requirements of the district wherein they are located. Further, all such lots shall be suitably landscaped. Finally, any fence as may be required shall be permitted provided it conforms to reasonable standards.

(h) Churches, places of worship, and/or religious instruction.

(1) Parking areas shall adhere to the parking requirements as set forth by Section 1331.06. In addition, Council may, if it deems it necessary, impose such other reasonable requirements for parking or lot design.

(2) In the event a play area is installed in conjunction with this use, then it shall be screened with a fence not less than five feet high where the playground abuts a residential use. In addition, a buffer area not less than five feet wide shall also be installed. Council, if necessary, may require additional screening measures.

(i) Hospitals for humans.

(1) Parking areas shall adhere to the requirements as set forth by Section 1331.06.

(2) Where parking areas abut residential uses or as deemed necessary by Council, the parking loading or receiving areas shall be screened. Such screening shall consist of a fence or not less than three feet in height or higher if deemed necessary by City Council, and a buffer area not less than five feet wide.

(j) Off-street parking lots for cars. In "R-2" zones, off-street parking lots for cars shall only be permitted if such lot is to serve a legal permitted use, conditional use, special exception or a legal non-conforming use which cannot provide required off-street parking upon the lot of its principal use. In addition, all lots shall:

(1) Provide the required spaces as set forth by Section 1331.06.

(2) Adhere to the design criteria as set forth by Section 1331.06.

(3) Ingress and egress to off-street parking lots shall be at defined locations and in no event shall there be unlimited street access to lots. Driveways to streets shall be not less than 12 or more than 24 feet wide. Further, they shall be so designed as to avoid undue traffic interference. The City Engineer and City Police Department shall review all off-street parking lots to ascertain whether ingress and egress are compatible with street design and do not present safety hazards.

(k) Automotive sales and services and repairs.

(1) All work shall be conducted within a completely enclosed building.

(2) All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this Ordinance.

(3) All lighting shall be shielded away from adjacent properties and streets.

(4) All dismantled parts and vehicles and similar materials shall be stored within a completely enclosed building.

(l) Professional services.

(1) Parking areas shall adhere to the requirements as set forth by Section 1331.06.

(2) Where parking areas abut residential uses, Council may require screening as set forth by Section 1329.06(i)(2).

(m) Rooming and boarding houses.

(1) Any applicant for a permit to operate a rooming and boarding house under the provisions of this Zoning Ordinance, shall concurrently apply for the permit as required under the City Housing Code.

(2) Each sleeping room shall be limited to two persons.

(3) No rooming and/or boarding house shall be permitted to provide accommodations for more than that number of guests as provided for under Building and Housing Code.

(4) The property shall be effectively screened.

(n) Gasoline service stations. In granting conditional use permits for gasoline service stations, Council shall pay special attention to fire safety, pedestrian safety and the general effect such a facility would have on the traffic in the area wherein it is located. Specific criteria are as follows:

(1) Anyone applying for permission to construct a gasoline service station shall concurrently make application to comply with Article 1509 - Gasoline Filling Stations, of the Codified Ordinances, and shall also comply with all other applicable codes and ordinances of the City.

(2) All ingress and egress driveways from the service station shall be well defined and shall be not less than 12 feet wide nor more than 24 feet wide. A distance of 15 feet shall separate driveways.

(3) Curbing, guard rails or similar devices shall be used so that motor vehicles using the station facilities shall not encroach upon the sidewalk area. Further, no driveway egress or ingress shall be closer than 15 feet to a curb corner radius. Finally, no area of the pubic sidewalk or right-of-way shall be used, or designed to be used for the storage or parking of motor vehicles or equipment.

(4) All property lines which abut residential uses shall be required to have effective screening.

(o) Veterinary/animal clinic.

(1) Such facilities shall be enclosed in a sealed air conditioned structure and shall be at least 100 feet away from any residential use or district.

(2) Any outside animal runs shall be so constructed as to permit easy cleaning. The outdoor kenneling of animals shall be prohibited. No run shall be closer than 25 feet to any residential use or district.

(p) Research laboratories. Such facilities shall not include pilot plants for the production or manufacture of goods. In addition, any facility utilizing laboratory areas shall be sealed and air conditioned to preclude the emission of smoke or noxious fumes to the outside.

(q) Car wash.

(1) The entry to the car wash shall be designed to permit a waiting line in one or more lanes for a total of at least eight cars.

(2) In no event shall cars be permitted to stand in the public right-of-way.

(3) All property lines adjoining residential use or classification shall be screened by a buffer area as defined by this Ordinance.

(r) Junk yards.

(1) No junk yard shall be permitted any closer than 100 feet to any residential district.

(2) Junk yards shall be enclosed by a solid fence built in a workmanlike manner and eight feet high. Such fence shall be properly maintained and shall enclose such facility on all sides.

(s) Scrap yards.

(1) No scrap yard shall be permitted any closer than 100 feet to any residential district.

(2) Scrap yards shall be enclosed by a solid fence built in a workmanlike manner and eight feet high. Such fence shall be properly maintained and shall enclose such facility on all sides.

(3) The property shall be effectively screened.

(t) Bottle club. No bottle club shall be permitted any closer than 1,200 feet to the nearest property line of any residential district, church, school, other institution of learning or education, hospital, library, park or playground.

(u) Kennel.

(1) All buildings in which animals are kept and all outdoor runs and recreation areas shall be located at least 50 feet from any property line.

(2) Buildings shall be soundproofed so that sounds generated within the building cannot be heard within an adjacent dwelling.

(3) No animal shall be permitted outside of an enclosed building from 8:00 p.m. to 8:00 a.m.

(4) Property lines shall be adequately screened.

(5) Outdoor runs and similar facilities shall be constructed for easy cleaning and secured by a fence with a self-latching gate.

(6) The property shall be effectively screened.

(v) Day care home/day care center.

(1) The facility shall be licensed by the Commonwealth of Pennsylvania, if required.

(2) The use shall include adequate measures to ensure the safety of children from traffic or other nearby hazards.

(3) Outdoor play areas shall be provided and shall be secured by a fence and self-latching gates.

(4) Outdoor play areas shall be screened from abutting residential uses.

(5) Ingress and egress to the site shall be designed to assure safety for discharging and picking up children.

(6) The property shall be effectively screened.

(w) Professional office.

(1) Parking next to a residential use shall be effectively screened.

(2) All lighting shall be arranged to prevent glare to adjoining properties.

(x) Health care clinic.

(1) The use in a residential structure shall retain a residential appearance with no change to the exterior of the structure to accommodate the use, other than cosmetic and any needed safety improvement.

(2) The property shall be effectively screened.

(y) Halfway house.

(1) No more than 10 residents are permitted.

(2) Building and activities shall be at least 50 feet from any property line adjoining uses such as a residential use, public park and playground, public and private school.

(3) Shall comply with all applicable City, State, Federal Codes and Regulations.

(4) Security plan must be submitted with an application.

(5) Shall provide adequate screening.

(6) Must include adequate provisions for off-street parking.

(7) The property shall be effectively screened.

(z) Bakery.

(1) Provide effective screening adjoining a residential use.

(aa) Confectionery.

(1) Provide effective screening adjoining a residential use.

(bb) Wholesale outlet.

(1) Outdoor storage or display shall not be permitted.

(cc) Drive through business.

(1) Drive-in window/pickup area shall be a minimum distance of 40 feet from the street entrance.

(dd) Animal shelter.

(1) All buildings and activities shall be located a minimum of 100 feet from any property line adjoining a residential use.

(2) The property shall be effectively screened.

(3) Animals outdoors shall be enclosed by a fence with self-latching gates.

(ee) Homeless shelter.

(1) The property shall be effectively screened from all properties adjoining residential uses.

(2) The use in a residential structure shall retain a residential appearance with no change to the exterior of the structure to accommodate the use, other than cosmetic and any needed safety improvement.

(ff) Drug and alcohol counseling center.

(1) The applicant shall provide a written description of persons in treatment and/or counseling for the use for which it is intended to provide.

(2) The applicant shall prove to the satisfaction of City Council that such use will involve adequate supervision and security measures to protect public safety.

(3) City Council may place conditions on the use as deemed necessary to protect public safety and security measures.

(4) The property shall be effectively screened.

(gg) Retail sale of consumer fireworks.

(1) Retail sale of Consumer Fireworks shall not be located within 1,500 feet of any premises selling alcoholic liquors, alcohol, malt or brewed beverages for consumption on or off premises.

(2) Such use shall not be located within 1,500 feet of any local or state park, school or child care facility.

(3) Such use shall not be located within 500 feet of any premises selling firearms.

(4) Such use shall not be located with 500 feet of any existing facility engaging in the retail sale of fireworks.

(5) No temporary structures, including, but not limited to, tents, canopies, or travel trailers, shall be erected or used for the sale and/or storage of fireworks at any time.

(6) All retail sale of fireworks shall be conducted only from a permanent structure exclusively dedicated to the storage and sale of fireworks.

(7) The facility from which retail sale of consumer fireworks are sold shall comply with the parking requirements for a "Retail stores and shops" as provided in Table 1331.06(B) of the New Castle Zoning Ordinance.

§ 1329.07 Uses not otherwise covered.

[Ord. 7903, passed 11-12-2009]

When it is determined that a proposed use is not covered by the Zoning Ordinance of the City, that proposal shall be treated as a conditional use.

(a) Uses of the same general character as any use authorized as permitted uses, conditional uses, or uses by special exception in the zoning district, shall be allowed if it is determined that the impact of the use on the environment and adjacent streets and properties is equal to or less than any specified use specifically listed in the zoning district.

(b) The use shall comply with all applicable area and bulk regulations and standards and criteria for comparable uses specifically listed in the zoning district.

(c) The use shall be consistent with the purpose statement of the zoning district and the statement of community development objectives of this Ordinance.