Borough of New Salem, PA Article III Zone Regulations

§ 240-7 Zones and boundaries.

A. Establishment of zones. The Borough of New Salem is divided into the zones enumerated below and shown on the map entitled “Zoning Map of New Salem Borough,” which Map is part of this chapter.[1]

	SF	Single-Family Residential Zone
	VC	Village Center Zone
	MU	Mixed-Use Zone
	GR	General Residential Zone

[1] Editor's Note: The Zoning Map is included at the end of this chapter.

B. Boundaries of zones. Where uncertainty exists as to the boundaries of the zones as shown on the Zoning Map, the following rules shall apply:

(1) Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.

(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3) Boundaries indicated as approximately following Municipality limits shall be construed as following Municipality limits.

(4) Boundaries indicated as approximately following the center lines of streams or other bodies of water shall be construed to follow such center lines.

(5) Boundaries indicated as parallel to or extensions of features indicated in Subsection B(1) through (4) shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the Map.

(6) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in circumstances not covered by Subsection B(1) through (5), the Zoning Hearing Board shall interpret the district boundaries.

§ 240-8 Use regulations.

A. Uses permitted. The uses permitted in the zones established by this chapter and the permitted extent of these uses are as shown in §§ 240-9 through 240-12. The uses shown as permitted in each zone are the only uses permitted in that zone. Unless otherwise noted, the use or dimensional standards are the requirements for each use. However:

(1) Additional general provisions are set forth in Article IV.

(2) Modifications to the use or dimensional requirements are set forth in Article IV.

(3) Standards for special exception uses are set forth in Articles V and VI.

(4) Standards for conditional uses are set forth in Articles VII and VIII.

B. All other uses. Any use not specifically allowed elsewhere in this chapter shall be allowed as a special exception in the zone or zones where, and to the extent that, similar uses are permitted or allowed, provided that said use meets the requirements for a special exception and does not constitute a public or private nuisance.

C. Accessory uses and structures. Accessory uses and structures shall be permitted in conjunction with the principal uses permitted by this chapter and shall be further subject to the requirements for accessory uses and structures as set forth in § 240-13.

D. Uses with nuisance effect. In no case is a use permitted which, by reason of noise, dust, odor, appearance, or other objectionable factor, creates a nuisance, hazard, or other substantial adverse effect upon the reasonable enjoyment of the surrounding property unless otherwise allowed by law, as in the case of agricultural security areas.

§ 240-9 Single-Family Residential Zone (SF).

A. Purpose. The purpose of the Single-Family Residential Zone is to provide for the orderly expansion of low-density suburban-type residential development, providing an orderly transition from the Mixed-Use and General Residential Zones to surrounding rural land; to provide for the public health and to prevent the overcrowding of land through the application of maximum housing densities; to provide standards which will encourage the installation of public facilities and the preservation of open space; to exclude any activities not compatible with low-density residential development; to avoid undue congestion on the roads; and to otherwise create conditions conducive to carrying out the purposes of this chapter.

B. Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the SF Zone:

(1) Crops, gardening.

(2) Family day-care home.

(3) Farm buildings on an existing farm.

(4) Group home.

(5) Single-family detached dwelling.

(6) Public buildings and facilities.

(7) Stormwater detention facilities approved by the Borough Council as part of a subdivision and/or land development plan.

(8) No-impact home-based business.

[Added 12-10-2002 by Ord. No. 1-2002]

C. Uses by special exception. The following uses, limited to one principal use per lot, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.

(1) Home occupation.

(2) Nonconformity, expansion of.

(3) Park or other recreation area of a nonprofit nature.

(4) Public utility building or service structure.

D. Lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

		Public Water and Public Sewer		Public Water or Public Sewer		No Public Water or Public Sewer
	Use	Lot Area (square feet)	Lot Width(feet)	Lot Area (square feet)	Lot Width(feet)	Lot Area	Lot Width(feet)
	All uses	15,000	80	20,000	100	1 acre (43,560 square feet)	150

E. Setbacks. Each lot shall provide front, side, and rear setbacks not less than the following:

(1) Front setback: 35 feet.

(2) Each side setback: 10 feet.

(3) Rear setback: 30 feet.

F. Building height. The height limit for a principal building shall be 2 1/2 stories, but not over 30 feet. The height limit for accessory buildings shall be two stories, but not over 25 feet. Farm buildings shall be exempted from the aforementioned height requirements.

G. Lot coverage. Not more than 45% of the lot area may be covered with an impervious surface, e.g., driveways, parking areas, walkways, buildings and structures.

H. Open area. Not less than 55% of the lot area shall be devoted to open area, as defined in this chapter.

I. Public water. Each principal use shall be provided with public water service if capacity is available and it is feasible to extend service to the proposed use.

§ 240-10 Village Center Zone (VC).

A. Purpose. The purpose of the Village Center Zone is to encourage orderly development and the preservation of existing older residential uses and complementary local commercial services by providing public facilities necessary for the health, welfare, and general convenience of the population; to preserve open space; to exclude any activities not compatible with the Village Center environment; to avoid undue congestion on the roads; and to otherwise create conditions conducive to carrying out the purposes of this chapter.

B. Uses by right. The following uses, limited to one principal use per lot, except as provided elsewhere in this chapter, are permitted by right in the VC Zone:

(1) Crops, gardening.

(2) Restaurant.

(3) Family day-care home.

(4) Group home.

(5) Personal service business.

(6) Professional or business office.

(7) Retail store or shop.

(8) Single-family semidetached dwelling.

(9) Single-family semidetached dwelling.[1]

[1] Editor's Note: So in original.

(10) Two-family dwelling.

(11) No-impact home-based business.

[Added 12-10-2002 by Ord. No. 1-2002]

C. Uses by special exception. The following uses, limited to one principal use per lot, except as provided elsewhere in this chapter, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.

(1) Apartment in conjunction with a commercial establishment.

(2) Bed-and-breakfast inn.

(3) Cemetery.

(4) Commercial parking lot or building.

(5) Day-care center (child or adult) or nursery school.

(6) Domiciliary care home.

(7) Dual-use lot.

(8) Greenhouse, horticultural nursery.

(9) Group day-care home.

(10) Group quarters.

(11) Home occupation.

(12) House of worship.

(13) Medical clinic.

(14) Multifamily or single-family attached dwellings.

(15) Multifamily or two-family conversion.

(16) Nonconformity, expansion of.

(17) Park or other recreation area of a nonprofit nature.

(18) Personal-care boarding home.

(19) Public buildings and facilities.

(20) Public or semipublic parking lot.

(21) Public utility building or service structure.

(22) Rooming house.

D. Lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

[Amended 1-2-1996 by Ord. No. 1-1996]

		Public Water and Public Sewer		Public Water or Public Sewer		No Public Water or Public Sewer
	Use	Lot Area(square feet)	Lot Width(feet)	Lot Area(square feet)	Lot Width (feet)	Lot Area	Lot Width(feet)
	Single-family semidetached dwelling	6,000 per dwelling unit	60 per dwelling unit	20,000 per dwelling unit	100 per dwelling unit	1 acre (43,560 square feet) per dwelling unit	150 per dwelling unit
	Single-family detached dwelling and two-family dwelling	6,000	60	20,000	100	1 acre (43,560 square feet)	150
	All other uses	6,000	60	20,000	100	1 acre (43,560 square feet)	150

E. Setbacks. Each lot shall provide front, side, and rear setbacks not less than the following:

(1) Front setback: 25 feet.

(2) Each side setback: five feet.

(3) Rear setback: 20 feet.

F. Building height. The height limit for a principal building shall be 2 1/2 stories, but not over 30 feet, except that the height limit may be extended to 3 1/2 stories, but not over 40 feet, if each yard is increased in width one foot for each additional foot of height over 30 feet. The height limit for accessory buildings shall be two stories, but not over 25 feet.

G. Lot coverage. Not more than 80% of the lot area may be covered with an impervious surface, e.g., driveways, parking areas, walkways, buildings and structures.

H. Open area. Not less than 20% of the lot area shall be devoted to open area, as defined in this chapter.

I. Multi-use building. Two or more independent nonresidential uses permitted in this zone may be established within a single principal building, provided that the regulations established in this chapter for each individual use are satisfied, for example, parking and special exception provisions. The principal building itself, however, shall be considered as a unit for purposes of access, lot area, sign regulations, lot width and setback requirements; such provisions shall not be cumulative for the individual uses established.

J. Each principal use shall be provided with public water service if capacity is available and it is feasible to extend service to the proposed use.

§ 240-11 Mixed-Use Zone (MU).

A. Purpose. The purpose of this zone is to provide reasonable standards for the development of compatible residential and commercial uses in areas where such uses already exist and where the development of such uses is feasible and appropriate.

B. Uses by right. The following uses, limited to one principal use per lot, except as provided elsewhere in this chapter, are permitted by right in the MU Zone:

(1) Commercial school.

(2) Crops, gardening.

(3) Family day-care home.

(4) Farm buildings.

(5) Financial institution.

(6) Group home.

(7) Halfway house.

(8) Indoor commercial recreational establishment.

(9) Personal service business.

(10) Professional or business office.

(11) Restaurant.

(12) Retail store or shop.

(13) Single-family detached dwelling.

(14) Single-family semidetached dwelling.

(15) Two-family dwelling.

(16) No-impact home-based business.

[Added 12-10-2002 by Ord. No. 1-2002]

C. Uses by special exception. The following uses, limited to one principal use per lot, except as provided elsewhere in this chapter, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.

(1) Adult-oriented facility.

(2) Apartment in conjunction with a commercial establishment.

(3) Automobile, recreational vehicle and/or trailer sales, automobile body shop and/or automobile garage.

(4) Automobile washing facility.

(5) BYOB establishment.

(6) Cemetery.

(7) Commercial parking lot or building.

(8) Day-care center (child or adult) or nursery school.

(9) Drive-in business.

(10) Dual-use lot.

(11) Funeral home.

(12) Greenhouse, horticultural nursery.

(13) Home occupation.

(14) House of worship.

(15) Kennel, animal hospital.

(16) Medical clinic.

(17) Nonconformity, expansion of.

(18) Public buildings and facilities.

(19) Public utility building or service structure.

(20) Service station or convenience store dispensing fuel.

(21) Tavern.

(22) Contractor's office.

[Added 4-3-2007 by Ord. No. 2-2007]

D. Lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

[Amended 1-2-1996 by Ord. No. 1-1996]

		Public Water and Public Sewer		Public Water or Public Sewer		No Public Water or Public Sewer
	Use	Lot Area(square feet)	Lot Width (feet)	Lot Area(square feet)	Lot Width (feet)	Lot Area	Lot Width (feet)
	Single-family semidetached dwelling	6,000 per dwelling unit	60 per dwelling unit	20,000 per dwelling unit	100 per dwelling unit	1 acre (43,560 square feet) per dwelling unit	150 per dwelling unit
	Single-family detached dwelling and two-family dwelling	6,000	60	20,000	100	1 acre (43,560 square feet)	150
	All other uses	6,000	60	20,000	100	1 acre (43,560 square feet)	150

E. Setbacks. Each lot shall provide front, side, and rear setbacks not less than the following:

(1) Front setback: 35 feet.

(2) Each side setback: 10 feet.

(3) Rear setback: 20 feet.

F. Building height. The height limit for a principal building shall be three stories, but not over 35 feet. The height limit for an accessory building shall be two stories, but not over 25 feet.

G. Lot coverage. Not more than 85% of the lot area may be covered with an impervious surface, e.g., driveways, parking areas, walkways, buildings and structures.

H. Open area. Not less than 15% of the lot area shall be devoted to open area, as defined in the chapter.

I. Multi-use building. Two or more independent nonresidential uses permitted in this zone may be established within a single principal building, provided that the regulations established in this chapter for each individual use are satisfied, for example, parking and special exception provisions. The principal building itself, however, shall be considered as a unit for purposes of access, lot area, sign regulations, lot width and setback requirements; such provisions shall not be cumulative for the individual uses established.

J. Each principal use shall be provided with public water service if capacity is available and it is feasible to extend service to serve the proposed use.

§ 240-12 General Residential Zone (GR).

A. Purpose. The purpose of this zone is to permit and encourage a broad range of residential uses and, in certain instances, commercial, industrial, and other uses which may be located in the GR Zone under conditions specified in the special exception or conditional use regulations of this chapter. In promoting this and the general purposes of this chapter, the specific intent of this zone is:

(1) To encourage the development and continued use of land for general residential purposes.

(2) To prohibit any use which cannot be regulated so as to preclude that use's interference with the development, continuation or expansion of residential uses in the zone.

(3) To establish reasonable standards for buildings and other structures, areas and dimensions of yards and open spaces, and other appropriate provisions to ensure that residential as well as other uses in the GR Zone do not create or encounter air pollution, noise, glare, heat, vibration, fire or safety hazards.

B. Uses by right. The following uses, limited to one principal use per lot, except as provided elsewhere in this chapter, are permitted by right in the GR Zone:

(1) Agriculture, except livestock.

(2) Crops, gardening.

(3) Family day-care home.

(4) Farm buildings.

(5) Group home.

(6) Single-family detached dwelling.

(7) Single-family semidetached dwelling.

(8) Two-family dwelling.

(9) No-impact home-based business.

[Added 12-10-2002 by Ord. No. 1-2002]

C. Uses by special exception. The following uses, limited to one principal use per lot, except as provided elsewhere in this chapter, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.

(1) Apartment in conjunction with a commercial establishment.

(2) Automobile, recreational vehicle and/or trailer sales, automobile body shop and/or automobile garage.

(3) Automobile washing facility.

(4) Bed-and-breakfast inn.

(5) Building material sales.

(6) Cemetery.

(7) Club room, club grounds, meeting hall (an accessory outdoor trap, skeet, rifle, pistol, or archery range must comply with the requirements of § 240-95 of this chapter).

(8) Commercial parking lot or building.

(9) Convalescent home, nursing home or hospital.

(10) Contractor's office.

(11) Day-care center (child or adult) or nursery school.

(12) Domiciliary care home.

(13) Dual-use lot.

(14) Funeral home.

(15) Greenhouse, horticultural nursery.

(16) Group day-care home.

(17) Group quarters.

(18) Home occupation.

(19) House of worship.

(20) Keeping of livestock.

(21) Kennel, animal hospital.

(22) Medical clinic.

(23) Mobile home park.

(24) Multifamily or single-family attached dwellings.

(25) Multifamily or two-family conversion.

(26) Nonconformity, expansion of.

(27) Outdoor commercial recreational establishment.

(28) Park or other recreation area of a nonprofit nature.

(29) Personal-care boarding home.

(30) Private residential lane and/or single-family detached dwellings located on such lanes.

(31) Public buildings and facilities.

(32) Public or semipublic parking lot.

(33) Public utility building or service structure.

(34) Rooming house.

(35) Service station or convenience store dispensing fuel.

D. Conditional uses. The following uses, limited to one principal use per lot, except as provided elsewhere in this chapter, shall be permitted as conditional uses in the GR Zone when approved by the Borough Council. The Borough Council shall approve or disapprove applications for conditional uses according to the criteria established in Article VII of this chapter. In addition, any particular conditional use shall not cause dust, smoke, fumes, gas or offensive odors to be disseminated beyond the boundaries of the lot; cause vibration beyond the boundaries of the lot; cause noise exceeding that of street traffic at the front lot line; and cause glare observable from beyond the boundaries of the lot.

(1) Airport, airstrip.

(2) Automobile wrecking, junkyard.

(3) Campground.

(4) Communication transmitting and receiving facility.

(5) Farm implement sales and service.

(6) Heavy storage, sales and/or service (includes wholesale establishment).

(7) Heliport.

(8) Industrial activities.

(9) Industrial park.

(10) Mini-storage facility.

(11) Mobile home sales lot.

(12) Outdoor trap, skeet, rifle, pistol, or archery range.

(13) Sawmill operation.

(14) Shopping center, shopping mall, or shopping plaza.

(15) Solid waste disposal and/or processing facility.

(16) Transportation (passenger) terminal.

(17) Truck or motor freight terminal.

E. Lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

[Amended 1-2-1996 by Ord. No. 1-1996]

		Public Water and Public Sewer		Public Water or Public Sewer		No Public Water or Public Sewer
	Use	Lot Area(square feet)	Lot Width(feet)	Lot Area(square feet)	Lot Width(feet)	Lot Area	Lot Width(feet)
	Single-family semidetached dwelling	6,000 per dwelling unit	60 per dwelling unit	20,000 per dwelling unit	100 per dwelling unit	1 acre (43,560 square feet) per dwelling unit	150 per dwelling unit
	Single-family detached dwelling and two-family dwelling	6,000	60	20,000	100	1 acre (43,560 square feet)	150
	All other uses	6,000	60	20,000	100	1 acre (43,560 square feet)	150

F. Setbacks. Each lot shall provide front, side, and rear setbacks not less than the following:

[Amended 1-2-1996 by Ord. No. 1-1996]

(1) Front setback: 35 feet.

(2) Each side setback: 10 feet.

(3) Rear setback: 30 feet.

G. Building height. The height limit for a principal building shall be three stories, but not over 35 feet. The height limit for accessory buildings shall be two stories, but not over 25 feet.

[Amended 1-2-1996 by Ord. No. 1-1996]

H. Lot coverage. Not more than 75% of the lot area may be covered with an impervious surface, e.g., driveways, parking areas, walkways, buildings and structures.

[Amended 1-2-1996 by Ord. No. 1-1996]

I. Open area. Not less than 25% of the lot area shall be devoted to open area, as defined in this chapter.

[Amended 1-2-1996 by Ord. No. 1-1996]

J. Multi-use building. Two or more independent nonresidential uses permitted in this zone may be established within a single principal building, provided that the regulations established in this chapter for each individual use are satisfied, for example, parking and special exception provisions. The principal building itself, however, shall be considered as a unit for purposes of access, lot area, sign regulations, lot width and setback requirements; such provisions shall not be cumulative for the individual uses established.

[Amended 1-2-1996 by Ord. No. 1-1996]

K. Each principal use shall be provided with public water service if capacity is available and it is feasible to extend service to serve the proposed use.

[Amended 1-2-1996 by Ord. No. 1-1996]