[Ord. 565, 11/17/1986; as amended by Ord. 764, 5/5/2008]
1. Any
legal nonconforming use shall be continued, repaired, maintained and
improved as provided below:
A. Expansion.
Such nonconforming uses may be expanded up to 50% of the floor area
existing on the date it became a lawful nonconforming use, provided
that any structural alterations shall conform with all height and
area and bulk regulations applicable to the most similar permitted
use in the district in which it is located, and provided further that:
(1) Expansion of nonconforming nonresidential uses shall be permitted
in any use district by special exception.
(2) Expansion of nonconforming residential uses shall be permitted in
any district so long as the height and area and bulk regulations applicable
in the R-3 District are observed.
B. Restoration.
If any such nonconforming use is damaged, a permit for its restoration
or reconstruction may be obtained if application therefore is filed
within 90 days of the initial damage or destruction.
C. Discontinuance,
except as provided in Paragraph D below, no such use may be re-established
after it has been discontinued or vacated for a period of one year.
D. Change
of Use. A nonconforming use may be changed to another nonconforming
use only if such change is more appropriate to the character of the
district in which it is located as determined by the Board. The former
nonconforming use may be re-established by special exception.
E. Termination.
Certain types of nonconforming uses which present a special nuisance
or hazardous condition shall be terminated as follows:
(1) General Nuisances. Upon a complaint registered by the Zoning Officer
of 50% of the property owners within 500 feet of a nonconforming use
which is considered to be a general nuisance or a hazard to the health,
safety, welfare and morals of the owners or occupants of the uses
or structures adjoining such nonconforming use or uses, the Board
shall hold a public hearing and make a finding with respect to the
nuisance or hazardous condition which exists and shall determine the
necessity of terminating such nonconforming use. Such uses shall be
terminated within such reasonable time as shall be determined by the
Board as related to the reasonable amortization of the capital investment
in such uses.
(2) Junkyards. All nonconforming junkyards shall be terminated within
three years of the adoption of this Chapter.
[Ord. 565, 11/17/1986]
District height limitations shall not apply to church spires,
cupolas and domes, monuments, water towers, chimneys, smokestacks,
farm structures, silos, flagpoles, utility poles, radio and television
masts or aerials, utility towers nor parapet walls extending not more
than four feet above the limiting height of the building. The Board,
after review by the Commission, may waive the height limitations of
this Chapter as they pertain to elevator apartments and to commercial
and manufacturing buildings. In such cases the Board shall determine
that such a departure is in the best interest of the Borough, that
it will be compatible with and not cause substantial injury to the
value of other adjoining property and that adequate off-street parking,
loading and fire protection will be provided.
[Ord. 565, 11/17/1986]
When an unimproved lot is situated between two improved lots,
each having a principal building within 30 feet of the side lot line
of the unimproved lot, the front yard may be reduced to a depth equal
to that of the greater front yard of the two adjoining lots; provided,
however, that it may not be reduced to below 20 feet in residential
districts and 10 feet in commercial and manufacturing districts.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995]
1. Projections
into required yards shall be permitted as follows, except that no
such projection shall be located closer than 10 feet to any side or
rear lot line or 20 feet to any front lot line:
A. Fire
escapes, uncovered stairs and landings, canopies, eves or other architectural
structures not required for structural support may project into the
required side, front or rear yard no more than a total of four feet.
B. Porches
may project into the required rear yard up to 12 feet.
C. Patios
may be located in the required side and rear yards not closer than
10 feet to any adjacent property line and may project into front yards
up to 15 feet.
D. Decks may project in the same fashion as porches in Paragraph B above. Decks not meeting the definition in §
27-202 are considered a part of the structure that may not project into the required setback.
[Ord. 565, 11/17/1986]
Home gardening and accessory structures used for nurseries or
as greenhouses are permitted in residential areas, provided that they
shall not include the outdoor storage of equipment and supplies.
[Ord. 565, 11/17/1986; as amended by Ord. 801, 3/4/2013]
1. Any excavations for the removal of topsoil or other earth projects shall comply with the application, permitting and construction standards of §
22-408.1, “Erosion and Sediment Control Standards,” of Chapter
22, Subdivision and Land Development, of the Selinsgrove Borough Code, as applicable, which standards are incorporated herein by this reference as if set forth at length. All excavations shall be adequately drained to prevent the formation of pools of water. The Board shall require that such excavation be enclosed by a fence for such excavation is hereby deemed to be a menace to the public health, safety and general welfare.
2. Unless
specifically permitted, open excavations shall not be maintained,
except those excavations made for the erection of a building or structure
for which a permit has been issued. All lands so stripped or otherwise
excavated shall be satisfactorily restored in conformance with the
requirements of the Pennsylvania Bureau of Mines and Mineral Industries,
Department of Environmental Protection, Selinsgrove Borough Code of
ordinances, and as approved by the Board.
3. The
dumping of earth, gravel, rock, or other materials not subject to
decay, noxious or offensive odors, may be permitted in any zone in
which not specifically prohibited or on any vacant land, provided
that the existing grade shall not be raised more than three feet above
the nearest road, that hazardous or nuisance conditions are not created,
or that an unsightly appearance of unstable slopes is not created.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995; and by Ord. 841, 10/7/2019]
1. Yard
Planting and Screening.
A. Yard
screening shall be provided along the boundaries of any manufacturing
or commercial use or off-street parking lot which abuts a residential
use and on any special use where such screening is required. Such
screening shall consist of a visual screen or obstruction of suitable
shrubs, hedges, fences or walls at least six feet high.
B. Fences,
walls, shrubs or hedges under six feet tall may be located in any
yard or court and shall be maintained in good condition. Trees and
other plant material designated to enhance the livability and attractiveness
of any lot may also be located in any yard or court.
2. Design
of Highway (Nonresidential) Development. It is the objective of this
Chapter to encourage the orderly development of commercial, industrial
and other nonresidential parcels in a manner which will provide for
proper access and reduce traffic conflicts and provide for the health
and welfare of the population of the Borough. This shall be accomplished
as follows:
A. The
design of streets, service drives and pedestrianways shall provide
for safe, convenient and hazard-free internal circulation of goods,
persons and vehicles.
B. Nonresidential
parcels shall be limited to no more than two driveway access points
from the street or highway from which they derive their principal
access, and such driveway access points shall not be more than 25
feet wide and shall be designed in a manner which will minimize their
interference with any traffic movements on the street or highway.
C. Where
a number of individual parcels or buildings are being developed jointly,
or where a parcel or building is being developed adjacent to another
parcel used or suitable for nonresidential development, consideration
should be given to the following:
(1) The location and planning of driveway access points to permit their
joint use by adjoining parcels so as to minimize the number of intersections
with the street or highway from which they derive their access.
(2) The development of parking and loading areas which permit convenient
traffic circulation between adjoining parcels.
(3) The development of pedestrian walkways between adjoining parking
areas and buildings.
(4) The provision of landscaping and other features which will enhance
the usability, character and attractiveness of the area.
3. Water
Availability. All developments, whether residential, commercial, industrial
or other, must be of such density and design and so sited as to assure
the availability of reliable, safe and adequate water supplies to
support the intended land uses within the capacity of available water
resources.
4. Religious
Symbols. No provision of this Chapter shall restrict the display of
religious symbols on property being used for religious purposes unless
there is a substantial government interest in imposing a restriction.
5. No impact
home-based businesses are permitted in all residential districts of
the Borough as a use permitted by right, except that such permission
shall not supersede any deed restriction, covenant or agreement restricting
the use of land nor any master deed, by-law, or other document applicable
to a common interest ownership community.
[Ord. 565, 11/17/1986]
There shall be a minimum habitable square feet of floor area
for each dwelling unit as shown below: (Note: when Federally-funded
housing for the elderly is planned, the minimum property standards
published by the Federal Department of Housing and Urban Development
shall prevail.)
Type of Unit
|
Minimum Habitable Floor Area
|
---|
Efficiency
|
250
|
One bedroom
|
500
|
Two bedroom
|
650
|
Three bedroom
|
750
|
Four bedroom
|
850
|