Borough of Jim Thorpe, PA Supplemental Provisions

When an unimproved lot is situated between two improved lots, each having a principal building within 20 feet of the side lot line of the unimproved lot, the front setback may be reduced to a depth equal to that of the greater front setback of the two adjoining lots; provided, however, that it may not be reduced to below 10 feet.

When an unimproved corner lot is situated adjacent to two improved lots, then the front and side setbacks of the corner lot which abut the street right-of-way may be reduced to a depth equal to the respective front and side setbacks of the adjoining lots; provided, however, that each yard may not be reduced to below 10 feet.

Height limitations.

Appurtenances. Height regulations shall not apply to spires, belfries, cupolas, penthouses (not used for human occupancy), nor to chimneys, ventilators, skylights, utility poles, solar collectors, or related equipment, and ornamental or other necessary mechanical appurtenances normally associated with homes, places of worship, and similar establishments. Such appurtenances shall however be erected only to such height as necessary to accomplish their intended purpose. Any such structure which exceeds a height of 60 feet shall be considered a conditional use.

Industrial. Industrial structures, such as silos, storage tanks or similar types of structures, may be erected above the height limits specified in the District Development Standards where the function or process involved requires a greater height. Any such industrial structure which exceeds a height of 70 feet shall be considered a conditional use.

Towers. Accessory wind turbine generators, commercial wind energy facilities and wireless communications facilities may also exceed the height regulations contained in the District Development Standards but only as provided in §§ 500-28N, 500-131 and 500-132, respectively.

Other regulations. The location and height of all structures shall comply with all applicable rules, regulations, standards and criteria of the Federal Aviation Administration and PennDOT Bureau of Aviation.

Projections into required setbacks.

Projections into required setbacks shall be permitted as follows, except that in residential districts in no case shall a structure or projection, except for patios, be located closer than four feet to any side or rear lot line or 10 feet to any front lot line.

Bay windows, carports, fireplaces, fire escapes, chimneys, uncovered stairs and landings, and balconies and cornices, canopies, marquees, eaves, or other architectural features not required for structural support may project into the required side, front, or rear setback not more than a total of three feet.

Patios may be located in the required side and rear setbacks not closer than three feet to any adjacent property line and may project into front setbacks not closer than 10 feet to the street right-of-way line.

Reduction of required area or space. The area or dimension of any existing lot, setback, parking area or other space shall not be reduced to less than the minimum required unless specifically permitted by this chapter.

Marquees and awnings. Marquees and awnings which are designed to provide shelter or which are designed to enhance the appearance of a nonresidential or multifamily building may project out over a public sidewalk for a distance of up to six feet, but in no case beyond the curb line. If a sign or symbol is attached to the marquee or awning then Article XI shall also apply.

§ 500-27 Miscellaneous provisions.

Two or more uses or buildings on a lot.

Development standards. With the exception of lot size as permitted by this § 500-27A, two or more principal buildings or uses located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building or use if each were on a separate lot, including but not limited to setbacks, parking, and lot coverage.

Residential density. For the purposes of density of dwellings, lot size shall be increased to maintain the density required by this chapter. For example, the parcel size required for three single-family dwellings on one parcel would be determined by multiplying the minimum lot size for one dwelling by a factor of three.

Nonresidential uses. In the case of nonresidential uses, there shall be no limit on the number of uses or structures on a single parcel provided all other standards of this chapter are satisfied. This shall not apply to adult businesses, junkyards, solid waste facilities, or other uses with a special minimum parcel size requirement listed in this chapter, in which case the parcel size shall be increased to provide for the minimum land area for each use on the parcel.

Structure separation. Principal structures located on the same lot shall be separated by a distance at least equal to twice the required district side setback. See § 500-28A for accessory structures.

Street frontage. A building shall be permitted only upon a lot with frontage on a public road right-of-way or private road right-of-way with access to a public road.

Clear view at street intersections. At all street intersections, nothing shall be erected (except street or traffic signs and utility poles) placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of 2 1/2 feet and 10 feet above the grade of the triangular area defined by the accompanying clear sight triangle diagram.

Clear Sight Triangle

Corner lot setbacks. Each setback of a lot which abuts a street shall be equal in size to the front setback required for the district; other setbacks may be considered side setbacks.

Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the owner(s) shall decide which street will be considered as the principal street, upon which principal use structures will be required to front. The decision of such owner(s) shall be in writing, shall be filed with the Zoning Officer, and shall bind all future owners of the lot.

Lots fronting on an alley. Individual lots existing at the effective date of this chapter fronting on an alley shall comply with all the requirements of this chapter and the district in which said lots are located.

§ 500-28 Accessory structures and uses.

Accessory structures. All accessory structures, unless otherwise permitted by this chapter, shall conform to the minimum setbacks established in Article IV.

Attached accessory structures. An accessory structure attached to a principal building shall be considered to be a part of the principal building and shall conform to the setbacks and height limitations for principal structures.

Unattached structures accessory to residential buildings.

Structures accessory to residential buildings which are not attached to a principal structure and exceed 700 square feet in gross floor area shall comply with setbacks required for principal structures.

Structures accessory to residential buildings which are not attached to a principal structure and which are 700 square feet or less in gross floor area may be erected within the required side and rear setbacks of the principal structure only in conformance with the following:

Maximum height. Not exceeding 15 feet.

Side setback. Not less than four feet, except in the case of corner lots where the setback required by § 500-27D shall be maintained.

Rear setback. Not less than four feet.

Distance from principal structure. Structures accessory to residential buildings which are not attached to a principal structure shall not be less than 10 feet from the principal structure.

Unattached structures accessory to nonresidential buildings. Such accessory structures shall comply with setback requirements for the principal structure except that for such structures with a gross floor area of 1,000 square feet or less the minimum rear setback shall be 10 feet.

Playhouses. Child playhouses shall be considered accessory structures and shall comply with the requirements. However, a permit shall not be required for a child playhouse under 100 square feet in total floor area.

Utilities. Well houses and other accessory structures housing/supporting utilities and electricity generators, whether or not housed in a structure, shall comply with this § 500-28A.

Disability ramps and outdoor elevators. Temporary ramps or temporary outdoor elevators accessory to single-family dwellings or two-family dwellings to provide access for a disabled person shall not be required to meet required setbacks provided the landowner provides a written agreement that the ramp or elevator will be removed when the person needing it no longer occupies the dwelling.

Construction standards. An accessory structure shall be either prefabricated or custom built. A manufactured house, box or other type trailer, any unit which was originally designed with wheels and axle(s), truck body, cargo container, or other similar unit not originally designed for accessory on-lot storage shall not be used as an accessory building in any district except the I District.

Marquees in commercial districts. Marquees which are designed to provide shelter, or which are designed to enhance the appearance of a commercial structure may project out over a public sidewalk area for a distance of up to six feet, but in no case shall they extend beyond the curb line.

Fences, walls, and hedges. Notwithstanding other provisions of this chapter, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall, or hedge along the sides or front edge of any yard shall obstruct vision at any street corner, in violation of the provisions of § 500-27C, and in no case shall any fence, wall or hedge exceed six feet in height.

Home occupations. It is the intent of this § 500-28C to regulate the operation of home occupations so that the average neighbor, under normal circumstances, will not be aware of the existence of the home occupation. The burden of proof shall be on the applicant to demonstrate that the standards will be met. Based upon the potential nuisances of a proposed home occupation not specifically permitted by this section, the Zoning Hearing Board may determine that a specific type or intensity of use is unsuitable to be a home occupation or that the proposed lot area or setbacks are not adequate. The following standards shall apply:

Single occupation; incidental and secondary. A single home occupation per dwelling unit may be conducted within a room or rooms of a dwelling and must be conducted entirely inside a building and shall be clearly incidental and secondary to the use of the dwelling as a residence.

Total area. The home occupation may be conducted in the dwelling and/or an accessory building, but the total area of all areas used for all home occupations on the premises shall not exceed 25% of the gross floor area of the dwelling unit including basement.

Display. No outdoor display or display visible from outdoors, or outdoor storage of materials, goods, products, supplies, or equipment used in the home occupation shall be permitted.

Exterior. A home occupation shall not require or cause any exterior alteration to the residence, structure or to the property and there shall be no evidence visible from outside the dwelling (show windows, business displays, advertising, etc.) that the residence is being operated as a home occupation except for a sign, as permitted by § 500-28C(10), and required parking area.

Employees. The home occupation shall be conducted only by members of the family residing in the dwelling and not more than one person other than residents of the dwelling shall be employed on the premises.

Parking. Off-street parking shall be provided on the premises as required by this chapter to prevent parking on any public or private street right-of-way. A minimum of two additional off-street parking spaces shall be provided for all home occupations.

Nuisances; noise.

No home occupation use shall generate nuisances such as traffic, noise, vibration, glare, odors, fumes, electrical interference, or hazards to any greater extent than what is usually experienced in the residential neighborhood.

A home occupation shall not involve noise which will be audible to neighboring residents between the hours of 6:00 p.m. and 7:00 a.m. The Borough may also require the applicant to use insulation to minimize any audible noise or may disapprove the application where, in their opinion, the proposed activity will involve unreasonable noise.

Retail or wholesale sale. No goods or items for retail or wholesale sale shall be permitted except for items produced on the premises or goods and items incidental to the operation of an approved home occupation. The total display and/or storage area limited to indoors and not more than 200 square feet.

(9)

Traffic. The use shall not create any adverse impact on existing traffic or circulation patterns in the neighborhood nor cause a substantial increase in the volume of traffic in the neighborhood. For the purposes of this chapter, a 20% increase shall be considered substantial.

(10)

Sign. One sign may be erected in accord with Article XI to advertise the home occupation and shall not be larger than 12 inches by 24 inches. The sign may include the name, occupation, and logotype or trademark, if appropriate, of the practitioner. Such signs shall not be illuminated.

(11)

Performance standards. Article VII, Part 2, Performance Standards, shall also apply to home occupations.

(12)

Prohibited uses. The following uses shall not be permitted as home occupations: commercial stables, commercial kennels or motor vehicle or small engine repair shops, retail or wholesale sales, restaurants, crematoria, funeral parlors or other uses not meeting the requirements of this § 500-28C.

(13)

Accessory uses. The following types of uses with no nonresident employees shall be permitted as accessory uses in all districts:

Professional offices for individual practitioners.

Custom dressmaking or tailoring.

Foster family care for not more than four children simultaneously.

Day care that provides care for six or fewer children at any one time who are not relatives of the care giver.

(e)

Tutoring for not more than four children simultaneously.

(f)

Mail order or sales businesses not involving customer contact on the premises or wholesale brokering not involving stock on the premises.

(g)

Businesses involving the use of personal computers for sales or services, and which do not involve customer contact on the premises.

(h)

Single-chair beauty shops and barbershops.

(i)

No-impact home-based businesses as defined in Article III.

(14)

Special exception. All applications for home occupations not specifically enumerated as permitted in § 500-28C(13), excluding those prohibited by § 500-28C(12), shall be considered special exceptions.

Home gardening, nurseries and greenhouses. Home gardening and accessory structures used for nurseries or as greenhouses are permitted accessory to residential uses provided, they are used by the residents thereof for noncommercial purposes, are not located in any required front setback, and do not involve the outdoor storage of equipment and supplies.

Private outdoor swimming pools and hot tubs.

A single private in-ground or aboveground outdoor swimming pool per dwelling unit is permitted as an accessory use to a residential structure, provided that such swimming pool is for the private use of the residents of the dwelling unit or for their guests and provided that the pool is not located closer than six feet to any side or rear lot line or 10 feet to any front lot line and does not occupy more than 10% of the lot area and that a four-foot high fence, wall or similar enclosure, shall completely surround the area of the swimming pool.

All swimming pools shall comply with PA UCC fencing and other requirements.

No swimming pool shall be so located as to interfere with the operation of a well or on-site septic system, or to be located where there is potential danger of a septic system discharging into the pool or onto the adjacent area around the pool.

(Reserved)

Temporary uses.

Definition. A use accessory to another permitted principal use that operates at a fixed location for a specified period of time.

Zoning permit required. No temporary use shall be established unless a zoning permit evidencing the compliance of such use with the provisions of this § 500-28G and other applicable provisions of this chapter shall have first been issued.

Particular temporary uses permitted by right. The following are temporary uses allowed by right which are subject to the following specific regulations and standards, in addition to the other requirements specified in this chapter. See § 500-28G(4) for conditional uses.

Contractor's office and construction equipment sheds.

Permitted in any district where use is incidental to a construction project in the same zoning district. The office or the shed shall not contain sleeping or cooking accommodations.

Maximum length of permit shall be one year.

Office or shed shall be removed upon completion of construction project.

[4]

Required water supply and sanitary facilities shall be provided.

Real estate sales office.

Permitted in any district for any new approved subdivision. The office may not contain sleeping or cooking accommodations. A model home may be used as a temporary sales office.

Maximum length of permit shall be two years.

Required water supply and sanitary facilities shall be provided.

Temporary shelter.

When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a manufactured house or recreational vehicle located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted subject to the following additional regulations.

Required water supply and sanitary facilities per PA DEP requirements and electrical service per the PA Uniform Construction Code shall be provided.

Maximum length of permit shall be 12 months, but the Zoning Officer may extend the permit for a period or periods not to exceed 60 days in the event of circumstances beyond the control of the owner. Application for the extension shall be made at least 15 days prior to expiration of the original permit.

[4]

Prior to issuance of any occupancy permit for the new or rehabilitated residence, the manufactured house shall be removed from the property, or the recreational vehicle shall be removed from the property or be discontinued as the temporary shelter.

Temporary uses by conditional use. For temporary structures or uses that are not specifically permitted by right by this chapter, and other than customary accessory uses and other than those uses that were lawfully occurring on a periodic basis prior to the adoption of this chapter, a temporary permit may be issued by the Borough Council as a conditional use for a structure or use subject to the following additional provisions:

Duration. The Borough Council shall establish a limit on the duration of the use. In the case of a special event, except under special circumstances, this should be a maximum of seven days in any sixty-day period. The Borough Council may grant a single approval once for numerous occurrences of an event.

Statement from owner. The applicant shall present a statement from the owner of record of the land accepting responsibility to ensure that the use or structure is removed once the permit expires.

Removal. Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough. If the structure or use is not removed in a timely fashion after proper notification, the Borough may remove the use or structure at the cost of the person who owns the land upon which the structure or use is located.

Conditions. The temporary use or structure shall be compatible with adjacent uses and clearly be of a temporary nature.

(e)

Nonprofit. Only a well established and Internal Revenue Service-recognized nonprofit organization proposing a temporary use to primarily serve a charitable or public service purpose shall be eligible to receive approval for a temporary commercial use in a district where that use is not permitted.

(f)

Special events. For a special event that will attract significant numbers of the public, the Borough Council may deny the use if it determines that the following will not be generally appropriate: sanitary and water service, traffic control, off-street parking and protection of the public health and safety.

Additional regulations.

Documentation must be provided to the Borough that adequate arrangement for temporary sanitary facilities has been made.

All uses shall be confined to the dates specified in the permit.

Hours of operation shall be confined to those specified in the permit.

Access and parking for the exclusive use of the facility shall be provided, and a stabilized drive to the parking area shall be maintained with a minimum of six inches or as otherwise needed, of bank-run gravel or equal material.

Yard, lawn, garage, tag or estate sale. Yard, lawn, garage, tag, or estate sales shall not exceed more than three consecutive days and not more than three times per year.

(Reserved)

Accessory parking.

Off-street parking areas or garages. Accessory off street parking areas or garages serving the residential or nonresidential parking demand created by the principal use are permitted in accord with § 500-29.

Parking, storage and use of major recreation equipment.

For purposes of this section, "major recreational equipment" is defined as including motorized boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

No more than two pieces of major recreational equipment shall be parked or stored on any lot in a residential district.

No such equipment shall be parked or stored on any lot in a residential district in such a manner as to prevent ingress of fire-fighting equipment, or fire fighters acting in event of crises, except in a carport or enclosed building or behind the nearest portion of a building to a street, provided, however, that such equipment may be parked anywhere on residential premises for a period of time not to exceed 24 hours during loading or unloading.

No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use, except by the owner, or by occupants having the approval of the owner(s) to do so, for noncommercial purposes. Such use by or with the approval of the owner may not exceed a period of two weeks during any calendar year.

Satellite antennas. All private satellite antennas shall be considered structures and shall maintain the setbacks required for accessory structures; however, a permit shall not be required for such antennas 30 inches or less in diameter. No building-mounted satellite antenna shall extend beyond the perimeter of the building or extend more than four feet above the height of the building.

Tennis courts. A tennis court accessory to a residential use shall only be located in a rear or side yard and shall not be closer to a property line than 10 feet.

Private flea markets and similar events. Private flea markets, craft fairs, bazaars, celebration and similar community events conducted by a service, nonprofit, religious or charitable organization are permitted as accessory uses provided that the same are conducted upon lands owned by such organizations or conducted upon land situated in a commercial district leased to such organization. Any such organization may not conduct a private flea market for more than seven successive days and not more than two such periods in any one calendar year.

Wind turbine, accessory. Wind turbines when authorized by the Zoning Hearing Board, shall be permitted by special exception in accord with the Schedule of Uses in § 500-17, subject to the following conditions:

The wind turbine shall be independent of any structure and shall be located a minimum distance of 110% times the turbine height from any property line.

No part of the wind turbine shall be located within or above any required front, side or rear setback.

The minimum height of the lowest position of the wind rotor shall be 25 feet above the ground.

Wind turbines shall not be climbable up to 15 feet above the ground surface.

To the extent applicable, the wind turbine shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999 as amended, and the regulations adopted by the Department of Labor and Industry.

The design of the wind turbine shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.

Wind turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

All electrical components of the wind turbine shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

(9)

Wind turbines shall be a nonobtrusive color such as white, off-white or gray.

(10)

Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

(11)

Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, which sign shall have an area of less than 200 square inches.

(12)

On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.

(13)

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(14)

Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

(15)

The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind turbine.

(16)

When a building is necessary for storage cells or related mechanical equipment, the building must not exceed 150 square feet in area and 15 feet in height, and must not be located within any required front, side, or rear setback.

(17)

The resultant energy harnessed from the wind shall primarily be used on the property on which the wind turbine is located.

(18)

The wind turbine shall comply with all other applicable regulations and requirements as set forth in this chapter. However, land development approval shall not be required under Chapter 390 (Subdivision and Land Development) for a single wind turbine.

(19)

The landowner shall, at his/her expense, complete decommissioning of the wind turbine within 12 months after the end of the useful life of the wind turbine. It shall be presumed that the wind turbine is at the end of its useful life if no electricity is generated for a continuous period of 12 months.

(20)

Decommissioning of the wind turbine shall include removal of the wind turbine, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. Disturbed earth shall be graded and reseeded, unless the landowner requests, in writing, that the access roads or other land surface areas not be restored.

(21)

The wind turbine shall be subordinate to and located on the same lot occupied by the principal use to which it relates.

(22)

No more than one wind turbine shall be located on any one lot.

Solar collectors, accessory. An accessory solar collector is a freestanding or fixed device, or combination of devices, structures, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy that contributes significantly to a structure's energy supply and which is sized and intended to be used to generate electricity for the principal structure to which it is accessory.

Districts; standards. Accessory solar collectors and associated energy storage facilities are permitted in all districts only in compliance with this § 500-28O and other applicable standards of this chapter.

Excess electricity. Accessory solar collectors shall provide power for the principal use and/or accessory use of the property on which it is located.

Mounting. A solar energy system may be roof-mounted or ground-mounted.

Height.

Roof-mounted. A roof-mounted system may be mounted on a principal building or accessory building. A roof-mounted system whether mounted on the principal building or accessory building, shall not exceed the maximum building height or accessory building height specified for the underlying zoning district.

Freestanding. A freestanding system shall not exceed the maximum building height for accessory buildings.

Setback.

Roof-mounted. In no instance shall any part of the solar energy system extend beyond the edge of the roof.

Freestanding. Freestanding solar collectors shall comply with the setbacks specified for accessory structures in the underlying zoning district.

Power lines. All power transmission lines from a freestanding solar energy system to any building or other structure shall be located underground.

Uniform Construction Code; manufacturer's standards. The system shall be installed in accord with Uniform Construction Code and manufacturer's standards.

Removal. The solar collectors and all associated equipment and facilities shall be immediately removed when it is no longer in service and failure to do so shall constitute a zoning violation.

(9)

Decommissioning. The landowner shall, at his/her expense, complete decommissioning of the solar system within 12 months after the end of the useful life of the solar system. It shall be presumed that the solar is at the end of its useful life if no electricity is generated for a continuous period of 12 months. Decommissioning of the solar system shall include removal of the solar collectors, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. Disturbed earth shall be graded and reseeded, unless the landowner requests, in writing, that the access roads or other land surface areas not be restored.

(10)

Accessory. The solar system shall be subordinate to and located on the same lot occupied by the principal use to which it relates.

(11)

Lot coverage. Detached solar collectors used solely for such purpose shall not be included in computing lot coverage.

Outdoor dining and retail sales on sidewalks. Outdoor dining and retail sales on sidewalks shall not be permitted except in association with an approved use in C-3 and R-4 Districts subject to the following requirements:

Accessory use. The sidewalk use must be an accessory to an approved establishment with the same type of indoor service space on the same property.

Location. The sidewalk use must be located directly in front of the approved establishment and shall not restrict pedestrian passage to less than four feet nor impede vehicle traffic or the opening of vehicle doors.

Outdoor entertainment. No outdoor entertainment, music or public address systems shall be permitted within the outdoor dining area unless otherwise approved as a conditional use.

Lighting. Exterior lighting shall comply with § 500-67.

Signs. No signs except those in compliance with Article XI shall be permitted.

Conclusion of service. Service must cease by 10:00 p.m., and the area shall be cleared and empty of all materials, patrons, and staff by 11:00 p.m.

Outside cooking. No outside cooking shall be permitted in the sidewalk use area.

§ 500-29 Off-street parking and loading.

This § 500-29 shall apply to all new and expanded uses and to changes of use and all such uses shall be provided with parking and loading areas adequate to meet the needs of the use. Following the establishment of any land development and for existing uses, the ongoing operation and maintenance of the off-street parking and loading facilities shall comply with the requirements of this § 500-29 and violations shall be subject to the enforcement provisions of this chapter.

Availability and use of facilities.

Availability. The required facilities shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. The term parking space includes either covered garage space or uncovered parking lot space located off the public right-of-way.

Location of parking.

Required off-street parking spaces shall be on the same lot with the principal use served, except as approved in § 500-29K.

Driveways, garages, and carports not in the public right-of-way may be considered parking spaces.

Outdoor parking areas may also be provided on the roofs of buildings especially designed to support such use.

Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number below the minimum required by this chapter.

Nonparking use. Required off-street parking, loading, and unloading facilities and access ways shall not be used for any other purpose, including, but not limited to, sales, display or storage areas, or the parking of any vehicles for which the area was not approved (e.g., parking of tractor trailers in required passenger vehicle areas).

Existing parking. Any parking spaces serving such pre-existing structures or uses at the time of the adoption of this chapter shall not in the future be reduced in number below the number required by this chapter. If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, required parking and areas reserved for additional parking if needed, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.

Site plan; design.

Site plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.

General. Parking spaces, loading and unloading areas, and access ways shall be laid out to result in safe and orderly use and to fully address all of the following: vehicular access onto and off the site, vehicular movement within the site, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic on or off the lot.

Pedestrian access and circulation. The parking and access plan shall include details of pedestrian access to the site and pedestrian circulation within the site. The intent shall be to facilitate pedestrian access and provide safe and convenient circulation from parking areas to the structure or use.

Design. Off-street parking areas, access ways, fire lanes, traffic flow signs, pavement markings, and other necessary facilities shall be designed and provided in accord with the most current Institute of Transportation Engineers Traffic Engineering Handbook, or other generally accepted methodology approved by the Borough. The applicant shall provide copies of the methodology used for the design. Notwithstanding the above, all parking spaces and the overall design shall be ample in size for the vehicles for which use is intended and stalls shall be a minimum of nine feet by 20 feet.

Illumination. All driveways, aisles, maneuvering spaces, vehicular service areas, and spaces between or around buildings, designed for use by more than four cars other than those accessory to a single dwelling, shall be illuminated according to § 500-67.

Public rights-of-way. Parking, loading, and unloading of vehicles shall not be permitted on public right-of-ways, except in designated areas and in accord with municipal parking regulations. No parking area shall be designed which requires or encourages parked vehicles to be backed into a public street.

Parking and loading in C-3 District. The following provisions shall apply in the C-3 Local Commercial District:

Nonresidential. No additional off-street parking or loading and unloading areas shall be required for any proposed, expanded or changed nonresidential use except as required in § 500-29E(2).

Overnight accommodations. Off-street parking and loading and unloading areas shall be provided for new or expanded nonresidential uses offering overnight accommodation including, but not limited to, hotels, bed-and-breakfast establishments, and short-term rentals.

Residential buildings. Off-street parking and loading and unloading areas shall not be required for new or expanded residential buildings and conversions to residential use. (See C2 in Parking Table below for short-term rentals)

Number of spaces. Any structure or building which is erected, converted, or enlarged, or any open area used for commercial purposes, shall be provided with off-street parking spaces adequate to serve such use. The number of parking spaces required by this § 500-29F shall be considered the minimum and maximum requirements unless modified in accord with this § 500-29F. See § 500-29E for the C-3 District.

	Use		Parking Spaces Required
Note: SFGFA means square feet of gross floor area. Gross floor area is the sum of the total horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for vehicles, or any space where the floor-to-ceiling height is less than six feet.
A.	Dwellings
	1.	Single-family and two-family (See C2 below for short-term rentals)	C-3 District: none required All other districts where permitted: 2 per dwelling unit
	2.	Multifamily (See C2 below for short-term rentals)	C-3 District: none required All other districts where permitted: 1.5 per dwelling unit
	3.	Residential conversion (See C2 below for short-term rentals)	Same as dwelling type proposed
	4.	Home occupation	In addition to dwelling requirements: 1 per employee plus 1 for a visitor per 200 sq ft of home occupation area
B.	Homes for handicapped or infirm, nursing homes, group care homes, halfway houses, and similar uses		3 per every 5 beds
C.	Overnight accommodations
	1.	Hotels, motels, and other uses providing overnight accommodations not otherwise listed	1 per bedroom
	2.	Boarding homes, bed-and-breakfast establishments and short-term rentals	1 per bedroom
D.	Sales and rental of goods, merchandise, and equipment
	1.	Retail establishments	1 per 200 SFGFA open to the public
	2.	Food markets and grocery stores	1 per 100 SFGFA open to the public
	3.	Wholesale establishments	1 per 800 SFGFA
	4.	Outdoor flea markets	1 per 200 square feet of lot area designated for display or sales
E.	Offices, research facilities and services not primarily related to goods
	1.	Serving customers or clients on premises such as attorneys, physicians, insurance, and travel agents	1 per 200 SFGFA
	2.	Drive-in banks	1 per 200 SFGFA open to the public plus reservoir lane capacity equal to 5 spaces per drive-in window
	3.	Serving little or few customers or clients on premises, such as corporate offices	1 per 250 SFGFA
	4.	Funeral homes	1 per 100 SFGFA open to the public
F.	Manufacturing and industry, distribution centers, truck terminals, warehousing, and storage		1 per employee on largest shift, plus 10 for nonemployees
G.	Educational, cultural religious social, fraternal uses
	1.	Public schools	1.75 per classroom for elementary and middle schools; and 5 per classroom for high schools
	2.	Trade and vocational schools, colleges	1 per 100 SFGFA open to the public
	3.	Churches, synagogues, and temples	1 per every 3 seats used for services
	4.	Libraries and museums, social, fraternal clubs, and lodges; and similar uses	1 per 300 SFGFA open to the public
H.	Recreation, amusement, and entertainment
	1.	Bowling alleys, skating rinks, indoor athletic or exercise facilities and similar uses	1 per every 3 persons of fully utilized design capacity (if measurable in such fashion), otherwise 1 per 200 SFGFA
	2.	Movie theaters, stadiums, and similar uses with seating accommodations	1 per every 3 seats available for assembly
	3.	Public and private outdoor recreation facilities such as golf courses, swimming pools and similar uses	1 per 200 SFGFA open to the public plus 1 per every 2 persons of fully utilized design capacity
I.	Hospitals, clinics, and other medical treatment facilities; personal care homes		1 per 3 beds plus 1 for each employee on largest shift
J.	Restaurants, bars, taverns, and other eating and drinking establishments		1 per 50 SFGFA open to the public plus reservoir lane capacity equal to 5 spaces per drive-in window
K	Vehicle related uses (see definition of "vehicle" in Article III)
	1.	Sales, service, repair	1 per 250 SFGFA
	2.	Gas sales	1 per 250 SFGFA plus sufficient parking area at pumps which does not interfere with other required spaces
	3.	Car or truck wash	1 per 100 SFGFA plus 2 reservoir spaces in front of each stall for self-serve and 5 reservoir spaces for conveyor type
L.	Miscellaneous uses
	1.	Veterinary	1 per 200 SFGFA open to the public
	2.	Nursery schools and day care	1 per 150 SFGFA open to the public
	3.	Greenhouses	1 per 200 SFGFA open to the public
	4.	Emergency services	1 per 200 SFGFA open to the public
	5.	Junk and scrap yards	1 per 200 SFGFA open to the public
	6.	Post office	1 per 200 SFGFA open to the public

Fractional numbers. Fractional numbers of parking spaces shall be increased to the next whole number.

Unidentified uses. For uses not specifically provided in the table, the Zoning Officer shall determine the required number of spaces based upon the similarity of the proposed use to the uses in the most current Parking Generation Manual published by the Institute of Transportation Engineers.

Borough required reduction. In the case of parking for conditional uses and special exceptions, if the Borough Council/Zoning Hearing Board determines that the number of parking spaces required by this § 500-29F is not necessarily required to meet the immediate needs of the proposed use, the Borough may require the number of spaces provided to be reduced by a maximum of 25%. The developer shall dedicate sufficient and suitable area to future parking to meet the normal standards in this § 500-29F.

Applicant proposed reduction/increase. The required number of parking spaces may be reduced or increased subject to conditional use approval by the Borough Council for uses classified as conditional uses and by the Zoning Hearing Board for uses classified as principal permitted uses and special exceptions. The applicant shall provide evidence justifying the proposed reduction or increase of spaces, such as studies of similar developments during peak hours. The applicant shall also provide relevant data, such as number of employees and peak expected number of customers/visitors. Any approval to permit such decrease or increase shall be subject to the following:

Ordinance and plan consistency. The project design and parking space decrease shall be consistent with the purposes contained in this chapter and the goals and objectives of the Comprehensive Plan.

Quality of design. The applicant shall demonstrate to the Borough Council that the proposed decrease will result in an adequate number of parking spaces, or the increase will not produce an excess number of spaces for the use based on a specific study of the parking demands for the proposed use or empirical data reported by a generally accepted source such as the Institute of Transportation Engineers, the Urban Land Institute, the American Planning Association, or similar entity.

Local conditions. In making its determination the Borough Council or the Zoning Hearing Board shall also consider, among others, the demographics and character of the neighborhood, demographics of targeted customers and employees, availability of mass transit, existing on-street parking conditions, and any employer instituted transportation demand management programs.

Burden; conditions.

If the Borough Council or the Zoning Hearing Board, in its sole discretion, determines that the applicant has met the burden of proof, it may grant a conditional use for the decrease or increase.

In no case shall parking be reduced by more than 30% nor be increased by more than 20% of the minimum parking requirement.

If the applicant provides more parking spaces than the minimum required, the additional parking spaces shall not result in the removal of specimen trees.

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The Borough Council or the Zoning Hearing Board may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter, including, but not limited to, reserving parking.

Form of reservation. Each parking reservation shall be in a form acceptable to the Borough Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and, if the Borough determines it is necessary, to provide the additional parking in the time and manner as stipulated in the reservation document. Proof of recording of the agreement shall also be provided to the Borough before the issuance of a zoning permit for the project.

Reserved parking disturbance and stormwater. The reserve parking areas shall remain undisturbed or shall be landscaped but shall be included in the calculations of lot coverage area and for stormwater management and for the requirement of a NPDES permit. The stormwater facilities shall be constructed in accord with the approved sequencing design as parking areas are constructed.

Multiple uses. For projects involving more than one use and/or structure the total number of parking spaces required shall be determined by summing the number of spaces for each individual use.

Handicapped parking. Parking for the handicapped shall be provided in accord with current Pennsylvania regulations governing accessible and useable buildings and facilities and the spaces shall count as part of the spaces required for the use by this § 500-29.

Off-street loading and unloading areas.

Required.

In connection with any building or structure which requires the receipt or distribution of materials or merchandise by vehicles of more than three axels (including trailers), off-street loading and unloading berths shall be provided as specified in this § 500-29G. For the purposes of this section, the words "loading" and "unloading" are used interchangeably.

This requirement shall not apply in the C-3 Local Commercial District.

Number. Each use shall provide off-street loading facilities sufficient to accommodate the maximum demand generated by the use and the maximum sized vehicle, in a manner that will not routinely obstruct traffic on a public street. If a reasonable alternative does not exist, traffic may be obstructed during off-peak hours for loading and unloading along an alley, rear service lane or parking area. Loading areas shall not be used to satisfy parking requirements.

Location. All required loading areas shall be located on the same lot as the use to be served. No loading area for vehicles of more than two-ton capacity shall be located closer than 100 feet from any residential district. No loading area shall be located within 50 feet of a property line unless the lot is less than 200 feet wide, in which case such setback may be reduced to not less than 25 feet at the discretion of the Borough. No loading facilities shall be constructed within any required setback areas. Loading facilities shall be located on either the side or rear of the building and screened in accord with § 500-60.

Access. Each required off-street loading area shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements and shall be subject to the approval of the Borough. Such access shall have paved surfaces to provide safe and convenient access during all seasons.

Repair and service. No storage of any kind, nor motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading area.

Hours of operation. The limitation of hours of operation for loading or unloading activities may be established as a condition of approval for conditional uses and special exceptions to address impacts on nearby residential uses.

Fire lanes. All buildings shall be accessible to emergency vehicles and shall meet applicable requirements and all related Jim Thorpe Fire Codes.

Access to off-street parking and loading areas. There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, salespeople and/or the general public. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well defined separate or common entrances and exits and shall comply with the following provisions:

Parking spaces. Parking spaces shall be accessed directly by a Borough or state road, or by a driveway serving the use. Access shall not be through and/or across a parking space located on a Borough or state road.

Width. Unless otherwise required by Penn DOT for access to a state road, the width of the driveway/access way onto a public street at the right-of-way shall comply with the most current Institute of Transportation Engineers design standards for the type and volume of vehicles anticipated and shall meet applicable requirements.

Controlled access. Each entrance and exit shall be clearly defined with curbing, fencing, landscaping, or vegetative screening so as to prevent access to the area from other than the defined entrance and exit.

Highway occupancy permit. All new driveways shall be required to obtain a highway occupancy permit from the Borough or PA DOT.

Interior travelways. The applicant shall demonstrate that travelways within the property are adequate to safely and efficiently serve vehicles which are reasonably expected to visit the property. Turning radius templates developed by the American Association of State Highway Transportation Officials (AASHTO) shall serve as the design standard.

Curbing. Access drives and landscaping shall be defined with concrete curbing, or such alternate material as may be approved by the Borough.

Parking and loading area setbacks.

Roads and property lines. Unless other provisions of this chapter require a greater buffer, all proposed or required parking and loading areas (not including parking decks) and parallel circulation and service lanes serving any commercial, industrial, institutional or multifamily use shall be separated from any public road right-of-way by a landscaped buffer not less than 10 feet in width and five feet in width along other property lines.

Uses prohibited. The buffer area shall be maintained in natural vegetative ground cover and shall not include:

Paving except for approved driveway/access way crossings.

Fences unless integral to landscaping.

Parking, storage or display of vehicles.

Items for sale or rent.

Uses permitted. The buffer area may include the following:

Permitted freestanding signs.

Approved driveway/access way crossings.

Buildings. Parking spaces serving principal nonresidential buildings and multifamily dwellings shall be located a minimum of five feet from any building wall, unless a larger distance is required by another ordinance provision. This distance does not apply at vehicle entrances into or under a building.

Grading and drainage; paving.

Grading and drainage. Parking and loading facilities, including driveways, shall be graded, and adequately drained away from building areas, to prevent erosion and to avoid increased or altered flow of stormwater runoff into streets or onto adjacent properties.

Grade. All areas provided for the parking of vehicles shall have a minimum grade of 0.5% and a maximum grade of 6%.

Paving. Such areas shall also be provided with a durable and dustless surface, such as gravel, asphalt, or concrete, to provide for the safe storage and smooth transit of vehicles.

Off-site or shared parking. Off-site and shared parking may be used except in the C-3 and R-4 Districts in accord with this § 500-29K and other applicable standards.

Off-site. Required parking may be provided on a different lot than on the lot on which the principal use is located, provided the parking is not more than 300 feet from the principal use lot. Off-lot parking areas shall be permitted only in a district where the principal use is permitted. Both parcels shall be under the same control, either by recorded deed or long-term lease.