A.
For the purpose of this chapter, Riverside Borough is hereby divided
into the following zoning districts, with the following abbreviations:
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A-R
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Agricultural Residential
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R-S
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Single-Family Residential
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R-S1
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Single-Family Residential 1
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R-M
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Medium-Density Residential
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MHP
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Manufactured Home Park Overlay (A-R is the underlying district)
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C
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Commercial
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I
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Industrial
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LI
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Light Industrial
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C.
Overlay districts. The Floodplain Area, as defined in Chapter 163, Floodplain Management, shall serve as an overlay district to the applicable underlying districts. The MHP District shall serve as an overlay district to the underlying A-R District.
D.
Purposes of each district. In addition to serving the overall purposes
and objectives of this chapter and the Comprehensive Plan, each zoning
district is intended to serve the following purposes:
(1)
A-R Agricultural Residential: to promote the continuation of agricultural
activities in those areas most suitable for such activities; to not
encourage extensions of central sewage services into these areas;
to protect the water quality and habitats along creeks and promote
groundwater recharge; to provide for rural types of development at
a lower overall density while recognizing that many of the roads would
be extremely difficult to improve to handle higher amounts of traffic.
(2)
R-S Single-Family Residential District: to provide for low-density
residential neighborhoods that are primarily composed of single-family
detached dwellings; to protect these areas from incompatible uses.
This district primarily includes the older neighborhoods in Riverside.
(3)
R-S1 Single-Family Residential District: to provide for low-density
residential neighborhoods that are primarily composed of single-family
detached dwellings; to protect these areas from incompatible uses.
This district primarily includes the newer neighborhoods in Riverside
and adjacent areas.
(4)
R-M Medium-Density Residential District: to provide for medium-density
residential neighborhoods with a mix of housing types at a medium
density; to protect these areas from incompatible uses; to meet requirements
of state law to provide opportunities for various housing types.
(5)
C Commercial District: to provide for a wide range of commercial
uses; to carefully locate commercial areas and commercial driveways
to minimize traffic safety and congestion problems along streets;
to recognize that most of the commercial needs of the region are able
to be met by commercial areas in other municipalities that are in
more suitable locations with better street and highway access.
(6)
I Industrial District: to provide for a range of industrial uses
in a manner that minimizes conflicts with homes and avoids serious
nuisances and hazards.
(7)
LI Light Industrial District: to provide for a range of light industrial
uses and complementary business uses in a manner that minimizes conflicts
with homes and avoids serious nuisances and hazards.
A.
The regulations set by this chapter shall apply uniformly to each
class or kind of structure or land, except as provided for in this
chapter.
B.
No structure shall hereafter be erected, used, constructed, reconstructed,
structurally altered or occupied, and no land shall hereafter be used,
developed or occupied, unless it is in conformity with the regulations
herein specified for the use and district in which it is located.
C.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
D.
Boundary change. Any territory which may hereafter become part of
the Borough through annexation or a boundary adjustment shall be classified
as the A-R Zoning District of Riverside Borough until or unless such
territory is otherwise classified by the Borough Council.
A.
A map entitled "Riverside Borough Zoning Map" accompanies this chapter
and is declared a part of this chapter. The Official Zoning Map, which
should bear the adoption date of this chapter and the words "Official
Zoning Map," shall be retained in the Borough building.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this
chapter.
B.
Map changes. Changes to the boundaries and districts of the Official
Zoning Map shall only be made in conformity with the amendment procedures
specified in the State Municipalities Planning Code.[2] All changes should be noted, by date, with a brief description
of the nature of the change, either on the map or within an appendix
to this chapter.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Replacement map. If the Official Zoning Map becomes damaged, destroyed,
lost or difficult to interpret because of changes and additions, or
needs to have drafting errors or omissions corrected, the Borough
Council may, by resolution, adopt a new copy of the Official Zoning
Map, which shall supersede the prior Official Zoning Map. Unless the
prior Official Zoning Map has been lost or has been totally destroyed,
the prior map or any remaining parts shall be preserved, together
with all available records pertaining to its previous adoption or
amendment.
The following rules shall apply where uncertainty exists as
to boundaries of any district as shown on the Zoning Map:[1]
A.
District boundary lines are intended to follow or be parallel to
the center line of street rights-of-way, streams and railroads, and
lot lines as they existed on a recorded deed or plan of record in
the County Recorder of Deed's office at the time of the adoption
of this chapter, unless such district boundary lines are fixed by
dimensions as shown on the Official Zoning Map.
B.
Where a district boundary is not fixed by dimensions, and where it
approximately follows lot lines, such boundary shall be construed
to follow such lot lines unless specifically shown otherwise.
C.
The location of a district boundary on unsubdivided land or where
a district boundary divides a lot shall be determined by the use of
the scale appearing on the Zoning Map unless indicated otherwise by
dimensions.
D.
Where a municipal boundary divides a lot, the minimum lot area shall
be regulated by the municipality in which the principal uses are located,
unless otherwise provided by applicable case law. The land area within
each municipality shall be regulated by the use regulations and other
applicable regulations of each municipality.
[1]
Editor's Note: The Zoning Map is included at the end of this
chapter.
A.
Intent: to continue the objective of compatible land uses across
municipal boundaries.
B.
This chapter requires additional setbacks and the provision of buffer
yards when certain uses would abut an existing dwelling or a residential
zoning district. These same additional setback and buffer yard provisions
shall be provided by uses proposed within Riverside Borough, regardless
of whether such abutting existing dwelling or principally residential
zoning district is located in an abutting municipality and/or in Riverside
Borough.
A.
For the purposes of this section, the following abbreviations shall
have the following meanings:
B.
Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 285-10B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter. See § 285-10B, which generally provides a process for approval of a use that is not listed based upon similarity to permitted uses and other criteria. Except as provided in such § 285-10B, any other principal use that is not specifically listed as P, C or SE in the applicable district in this table is prohibited in that district.[1] For temporary uses, see § 285-8.
[1]
Editor's Note: See the tables of allowed uses at the
end of this chapter.
C.
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 285-36 and all other requirements of this chapter:
(1)
Standard antennae, including antennae used by contractors to communicate with their own vehicles. (See standard in § 285-36.)
(3)
Garage, household.
(6)
Parking or loading, off-street, only to serve a use that is permitted
in that district.
(7)
Recreational facilities, limited to use by residents of a development
or students at a primary or secondary school or center for the care
and treatment of youth, and their occasional invited guests.
(11)
Such other accessory use or structure that the applicant proves,
to the satisfaction of the Zoning Officer, is clearly customary and
incidental to a permitted by right, special exception or conditional
principal use.
D.
Permitted accessory uses to business and institutional uses. The
following are permitted by right accessory uses only to a permitted
by right, special exception or conditional commercial, industrial
or institutional use, provided that all requirements of this chapter
are met:
A.
The following area, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by § 285-35 or 285-36 or another section of this chapter.[1] All measurements shall be in feet unless otherwise stated. See definitions of terms (such as "lot width") in § 285-24. Each dwelling unit and each principal building shall be served by Borough-approved central sewage service, unless the dimensional requirements of the A-R District are met per dwelling unit.
[1]
Editor's Note: The Table of Dimensional Requirements
is included at the end of this chapter.
B.
Height. Except as provided in § 285-62, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:
(1)
An accessory building shall have a maximum height of 25 feet, unless
it meets the minimum setbacks for a principal building, in which case
the maximum height for a principal building shall apply.
(2)
In the LI and I Districts, a maximum building height of 60 feet shall
apply, provided that any building of more than 38 feet in height is
set back a minimum of 60 feet from a residentially zoned lot.
(3)
The maximum height for any other structure shall be three stories
or 38 feet, whichever is more restrictive.
C.
Accessory structures and uses.
(2)
For a permitted detached structure that is accessory to a dwelling(s),
the minimum rear yard shall be 10 feet and the minimum side yard shall
be five feet, except a minimum yard of 10 feet shall apply from a
street right-of-way along the side of a corner lot. The following
exceptions apply:
(a)
A side yard setback is not required for a structure that is
accessory to a dwelling from a lot line along which two dwellings
are attached (such as a lot line shared by semidetached dwellings).
However, such structure shall still meet the minimum side yard on
a lot line where the dwellings are not attached.
(b)
A residential porch or deck that is unenclosed may extend a
maximum of 15 feet into the required rear setback. Such porch or deck
may be covered by a roof or awning. Space under an unenclosed porch
may be used for household storage. See Note D above considering front
yard setbacks.[2]
[2]
Editor's Note: Note D, which is included with the Table of
Dimensional Requirements at the end of this chapter, provides as follows:
"Setbacks shall be measured from the street right-of-way that will
exist after the development is completed. An unenclosed front porch
or deck may intrude up to 10 feet into the minimum front yard. This
porch or deck may be covered by a roof. Steps and stoops may also
intrude into this setback."
(3)
No accessory building and no swimming pool shall be allowed in the
minimum front yard.
(4)
In any case, an existing lawful accessory building may be replaced
with a new accessory building, provided it is built on the same location
covering the same footprint.
(5)
If an accessory use is attached to a principal building (such as
a garage built onto the side of a home), the principal setbacks shall
apply.
D.
Rear yard abutting a street. If a new principal building is constructed
with its rear lot line abutting a public street, a row of landscaping
shall be placed between such street and the rear yard, and any fencing
shall be placed on the inside of such landscaping. This requirement
shall not apply where the landscaping would interfere with required
sight distances or a vehicle driveway or garage.
E.
Subdivisions of developed industrial lots. In instances where an
owner of a developed industrial lot or two or more contiguous developed
industrial lots proposes to subdivide and thereby create a developed
industrial lot measuring 10 acres or greater and leaving a residue
developed industrial lot or contiguous residue developed industrial
lots of 50 acres or greater, the following shall apply:
[Added 5-7-2012 by Ord.
No. 5-7-12]
(1)
Notwithstanding Subsection A, at the time of subdivision for the created developed industrial lot and the residue developed industrial lot(s), there shall be no required minimum rear yard setback and no required minimum side yard setback for the rear yards and side yards bordering the created developed industrial lot or the residue developed industrial lot(s), as the case may be.
(2)
Following subdivision, to the extent that the created developed industrial lot or the residue developed industrial lot do not comply with the required minimum rear yard setback and required minimum side yard setback in Subsection A, neither the created developed industrial lot nor the residue developed industrial lot may be developed or improved in any way that would increase such nonconformity.
A.
Wetland studies. It shall be the responsibility of each applicant
to determine whether land areas proposed for alteration meet the federal
or state definition of a "wetland" prior to submittal of development
plans to the Borough. If the Zoning Officer has reason to believe
that wetlands may be present on a site proposed for development or
subdivision, the Zoning Officer may require that the applicant provide
a suitable wetland delineation study prepared by a qualified professional.
B.
Wetland and lake setbacks. A minimum setback of 20 feet shall be
required between any new principal building for which a construction
permit is issued after the effective date of this chapter and any
wetland or natural lake or pond.
C.
Setback from waterways. No new principal building, no new off-street
parking spaces and no new commercial or industrial outdoor storage
shall be allowed within 75 feet of the average water level of the
Susquehanna River or Kipps Creek. Where trees and other natural vegetation
are removed within this setback, they shall be replaced with new trees
and vegetation that serve the same environmental purposes.
The following advisory guidelines should be considered in the
design of new construction, additions and exterior alterations, particularly
in the older parts of the R-S and C Districts:
A.
Vehicle parking and any garage doors should be placed to the rear
of buildings, as opposed to between buildings and the street. Where
rear parking is not practical, then parking should be provided to
the side of a building. Where a driveway needs to enter from the front,
the garage should be set back further from the street than the house,
and the driveway should be as narrow as practical through the front
yard.
B.
New construction should have a front yard setback that is similar
to adjacent older buildings.
C.
On historic buildings, modern additions and features should be placed
towards the rear of the property.
D.
New construction should have rooflines that are similar to adjacent
older buildings. Flat roofs should be avoided, except when a decorative
cornice is used. Where a pitched roof is not practical, then the roof
should at least appear to have angles and a pitch when viewed from
the street.
E.
On sides visible from a street, new construction should use building
materials that are similar to the appearance of older buildings, such
as decorative masonry.
F.
Blank walls without door and window openings should be avoided along
a street.
H.
Pedestrians. Pedestrian traffic should be separated from major vehicle
routes. Developments should be designed in such a way as to be inviting
for pedestrian traffic. The development should not be surrounded by
parking lots and driveways, but should be placed on the site in such
a way that it relates to adjacent properties and streets.
I.
Porches. Existing older porches should be maintained, and new porches
should be considered on the front of new buildings.
J.
Site features. Parking areas, garages or storage buildings (particularly
the prefabricated metal type) should not be built near the front or
in areas visible from the street.
K.
Fences. Chain-link metal fences should be avoided in the front yard.
Picket or ornamental fences are encouraged. Solid wooden or vinyl
plank fences should be placed in rear and side yards only. Highway-style
metal guide rails should not be used.
L.
Utilities. New utilities should be placed underground. Where that
is not practical, they should be placed in less visible parts of the
site. For example, new utility lines should be extended from the rear
of the property instead of the front.
M.
HVAC. Commercial HVAC systems should be screened from view from the
front of a lot using walls, fencing, roof elements or landscaping.
Noise or odor-producing ventilation equipment should be placed as
far away from dwellings as is feasible.
N.
Fire escapes. New exterior fire escapes should not be constructed
on the front facade of a building.
