The purpose of this section of this chapter is to regulate the land
uses in Brookville Borough through the creation of various zoning districts.
The districts demonstrate the cohesive use of land within areas of similar
environmental and quality of life characteristics. These districts represent
the most efficient use of land, both currently developed and vacant. Environmental
controls allow this to happen and become a reality through floodplain, slope,
riparian buffers, and setback requirements. Specific land uses based on a
parcel-by-parcel basis will be discouraged as they may increase potential
land use conflicts. This concept promotes the quality of life, cohesive neighborhoods,
and protection of the natural and cultural environment of Brookville Borough.
The Borough is divided into 10 zoning districts including a Historic
Overlay District. The districts are reflected on a color-coded Zoning Map
depicting their boundaries. Public utility services are required in all zoning
districts. Zoning districts are described as follows.
A.
Low Density Residential (LDR) District. This land use
classification is designed to provide areas that preserve and promote the
existing characteristics of single-family detached dwelling units and their
neighborhoods. Lot size in these areas is expected to be 7,500 square feet
or more in size. These districts are illustrated in yellow on the Brookville
Borough Zoning Map.
B.
Medium Density Residential (MDR) District. This district
attempts to provide for more densely populated residential neighborhoods while
creating an integrated community. Medium Density Residential (MDR) District
lot sizes in these areas vary from between 2,500 square feet and 5,000 square
feet in size but have a higher density of dwelling units per acre than that
of the Low Density Residential District (LRD). These districts are illustrated
in orange on the Brookville Borough Zoning Map.
C.
Special Residential (SR) District. This land use category
is designed to allow the accommodation of expected new mobile home housing
as a different dwelling type and at appropriate densities to be affordable
for households of all income levels. This zoning district requires full public
utility service and is a cohesive neighborhood. This district is illustrated
in brown on the Brookville Borough Zoning Map.
D.
Recreation Conservation (RC) District. This zoning district
has been established for several purposes. The primary purpose is for the
preservation of environmental and natural features along the watercourses
of North Fork Creek, Sandy Lick Creek, and Redbank Creek. The preservation
and environmental quality of these watercourses is promoted by the requirements
of this zoning district. This district allows for a linear type of park system
linking the various neighborhoods in the Borough. The principal permitted
uses in the district are commercial recreational, recreational facilities,
and certain residential developments that meet Army Corp of Engineer standards
and FEMA requirements. These districts are illustrated in green on the Brookville
Borough Zoning Map.
E.
Downtown Commercial (DC) District. This land classification
will provide an area that allows for commercial activities that are traditional
downtown uses and serve the needs of the Borough's residents, such as
but not limited to retail and office activities. This district is designed
to preserve the quality and vibrant downtown of Brookville through the benefits
of having a unique and historic appearance and a residential population in
the second and third stories of buildings. This district is illustrated in
red on the Brookville Borough Zoning Map.
F.
Transitional Zone (TZ) District.
(1)
This land classification will provide an area that allows
for a transition area of mixed residential and small-scale commercial and
mixed-use districts that would be between the Downtown Commercial (DC) District
and the lower-density residential (LDR) neighborhoods.
(2)
This district provides a transition from residential
areas to the downtown. The uses in this district are a mix of residential,
no-impact home businesses and less intense mixed commercial uses, such as
professional offices or bed-and-breakfasts. Adaptive reuse of existing properties
is encouraged, as is infill development on vacant lots.
G.
Office Commercial (O/C) District.
(1)
This district is designed to allow for professional office
centers and commercial activities that are ancillary to the permitted uses
within this district. It is designed to take advantage of the regional transportation
arteries.
(2)
The district encourages office buildings to be built
on "green" commons with commercial activities geared toward daily services
and those associated with the primary use of the structure. These activities
include cafes, day-care centers, bakeries, restaurants, and food courts on
lower levels with office space on the ground and other floors.
(3)
All commercial activities may be located on any floor
in the building. Parking shall be in the form of underground parking or shall
be in the form of shared parking areas for offices; stormwater controls may
require underground storage. All new utility services shall be underground
and certain ones, such as gas and electric, shall be on opposite sides of
one another due to the potential for gas explosions. These districts are illustrated
in light blue on the Brookville Borough Zoning Map.
H.
Light Industrial 1 (LI-1) District. This land use classification provides areas that allow for light manufacturing activities. Economic development is one of the primary objectives of this zoning district. These areas are designated to limit the larger scale, heavier commuter and truck traffic, stabilize Borough tax base, and preserve other neighborhoods that adjoin these uses. Design standards for odor, noise, dust, point- and non-point-source pollution, and lighting are limited and/or prohibited in the areas where they abut environmentally sensitive areas, watercourses, and adjacent residential neighborhoods. The foregoing zoning districts are depicted on the Official Zoning Map and the permitted uses, conditional uses, yard and area requirements for each district are set forth on Table III-B.[1] These districts are shown in purple on the Brookville Borough
Zoning Map.
[1]
Editor's Note: Table III-B is included at the end of this chapter.
I.
Light Industrial 2 (LI-2) District. This land use classification provides areas that allow for heavier manufacturing activities such as assembly and finishing. Economic development is one of the primary objectives of this zoning district. These areas are designated to limit the larger scale, heavier commuter and truck traffic, stabilize Borough tax base, and preserve other neighborhoods that adjoin these uses. Design standards for odor, noise, dust, point- and non-point-source pollution, and lighting are limited and/or prohibited in the areas where they abut environmentally sensitive areas, watercourses, and adjacent residential neighborhoods. The foregoing zoning districts are depicted on the Official Zoning Map and the permitted uses, conditional uses, yard and area requirements for each district are set forth on Table III-B.[2] These districts are shown in pink on the Brookville Borough Zoning
Map.
[2]
Editor's Note: Table III-B is included at the end of this chapter.
J.
Historic Overlay District (HOD).
(1)
This zoning district is defined as the Brookville Historic
District as listed in the National Register of Historic Places. Additional
historic overlay districts may be designated as additional National Register
districts are created.
(2)
The Historic Overlay District is established to provide
for the overall enhancement of the district by.
(a)
Protecting and stabilizing property values and thereby
providing for the economic vitality of the district.
(b)
Protecting the desirable and unique physical features
of the district by discouraging intensive development, renovation and redevelopment.
(c)
Providing for the ongoing economic revitalization of
the district and its surrounding areas.
(d)
Demolition of buildings in this district will require
approval from the Brookville Borough Planning Commission. The Borough Building
Inspector is required to copy the Planning Commission on any demolition permits.
(3)
The foregoing zoning districts are depicted on the Official Zoning Map and the permitted uses, conditional uses, and special exceptions for all districts are found in Table III-A. Yard and area requirements for each district are set forth on Table III-B.[3]
K.
Height regulations. Except for communications facilities
and water towers, no structure shall exceed a maximum height above the average
ground level. This is recommended by the Brookville Borough Planning Commission
and approved by Brookville Borough Council.
(1)
Maximum height. The maximum height for a structure for
any permitted, conditional or special exception uses in any district may be
increased up to a total height of 35 feet if: a) every required yard is increased
by one foot for each additional foot of height; and b) the permit for such
structure has been reviewed and authorized. This is recommended by the Brookville
Borough Planning Commission and approved by Brookville Borough Council.
(2)
Maximum-height exceptions. Church spires, belfries, monuments,
ornamental towers, chimneys, elevator bulkheads, windmills, smokestacks, silos
and flagpoles may exceed the maximum height of the principal structure. This
is recommended by the Brookville Borough Planning Commission and approved
by Brookville Borough Council.
The boundaries of the districts are illustrated on the Brookville Borough
Zoning Map. The Official Zoning Map and all of the references and information
shown thereon are part of this chapter. They have the same force and effect
as the Zoning Map and all of the notions, references, and information shown
thereon are all fully set forth and described herein. The Official Zoning
Map is properly attested and is on file at the Borough Office.
District boundaries shown on the lines of roads, streams, and transportation
rights-of-ways shall be deemed to follow the center lines. The vacation of
roads shall not affect the location of such district boundaries. When the
Zoning Officer cannot conclusively determine the location of a district boundary
by such center lines, by the scale or dimensions stated on the Official Zoning
Map, or by the fact that it clearly coincides with a property line, he shall
refuse action, and the Zoning Hearing Board, upon appeal, shall interpret
the location of the district boundary with reference to the scale of the Official
Zoning Map. Any evidence relating to the formation of the zoning districts
and the purposes set forth in all relevant provisions of this chapter will
be used in determining district boundaries.
A.
No building shall be altered, converted, erected, or
moved, nor shall any building be used except as permitted in the district
in which the building or land is located, except as hereinafter provided and
required.
B.
No building shall be altered, converted, erected, or
moved, nor shall any building be used except in conformity with the area regulations,
minimum yard requirements, and minimum off-street parking space requirements
of this chapter for the district in which the building is located.
C.
No part of a required yard or other minimum open space
required to be provided for any building for the purpose of complying with
the dimensional provisions of this article shall be included as part of a
required yard or other minimum open space similarly required for another building.
The following is a listing of various uses of lands within Brookville
Borough. These land uses define what types of land developments may occur
within various zoning districts in the Borough. The land uses are broken down
into three categories: 1) permitted; 2) conditional; and 3) special exception.
Each has standards that govern its development.
The permitted uses for each district are shown in Table III-A.[1] Uses not specifically listed shall not be permitted unless approved
by Borough Council as a conditional use and special exception use. Uses not
specified may be subject to conditions of the Planning Commission or the Brookville
Borough Council.
[1]
Editor's Note: Table III-A is included at the end of this chapter.
Any use defined under Article III or listed in Table III-A as a conditional use.
The purpose of this section is to set general guidelines and standards
for conditional uses in Brookville Borough. A permitted use shall be reviewed
and approved as if it were a conditional use if the Zoning Officer determines
that such use is:
A.
Purpose. Conditional uses are listed for each district in Article III of this chapter. Only those uses listed as conditional uses in a specific zoning district can be considered for that district. All applications for conditional uses shall comply with the specific standards set forth in this chapter.
B.
Standards. In addition to any expressed standards set
forth in this chapter, a conditional use application must adhere to the following:
(1)
The applicant will reduce any adverse impacts on existing
uses to the maximum extent feasible, including but not limited to developing
measures that address lighting and glare, hours of operation, refuse storage
and removal and other similar characteristics;
(2)
The use can be accommodated on the site without design
modifications or variances;
(3)
If the use generates 50 or more average daily trips,
the use may not cause a decrease in the level of service at intersections
and roads within 1/2 mile of the proposed use;
(4)
The use has or provides off-street parking on the same property as the use and in compliance with Article IV of this chapter;
(5)
At a minimum, areas of the property not covered by buildings or impervious surface shall be landscaped as per Article V of this chapter;
(7)
Primary accesspoints to the property shall be located
as far from the road(s) and intersection(s) and sight triangle as possible
and approved by the Brookville Borough Planning Commission.
An applicant requesting a conditional use shall submit four copies of
the following materials, along with a complete application and prepaid fee
to Brookville Borough.
A.
The application shall include the following items.
(1)
A site plan at appropriate scale.
(2)
A complete zoning schedule noting the existing and proposed
conditions of the site.
(3)
Property and setback lines.
(4)
Adjacent properties existing uses.
(5)
Existing and proposed buildings on the site.
(6)
Parking plan and schedule.
(7)
Existing and proposed utilities, graded areas, ingress/egress
points.
(8)
Landscaping plan.
(9)
Stormwater plan.
(10)
A traffic study could be required if deemed necessary.
A professionally licensed person who holds a current license in the Commonwealth
of Pennsylvania shall prepare the traffic study.
B.
The Brookville Borough Planning Commission shall review
these applications and forward a recommendation to the Brookville Borough
Council. Within the prescribed period [no later than 90 days of the application
(as per the Pennsylvania Municipalities Planning Code)], the Brookville Borough
Planning Commission may also hold a public hearing pursuant to public notice
to inform the public and receive comments before making a recommendation on
the proposed conditional use.
C.
Within the time frame set forth in this section, the
Brookville Borough Planning Commission shall take one of the following options.
(1)
Recommend approval to the Brookville Borough Council
as submitted;
(2)
Recommend approval to the Brookville Borough Council
with conditions with or without the applicant's consent;
(3)
Recommend denial to the Brookville Borough Council of
the application based on specific findings communicated to the applicant in
writing.
D.
The Brookville Borough Council shall hold a public hearing
pursuant to public notice to take final action on a completed request, as
determined by the Zoning Officer, for conditional use within 60 days from
the date of the receipt of the complete request, unless the applicant agrees
in writing to a time extension. The Brookville Borough Council may request
additional information or continue the hearing but shall render a written
decision on the application within 45 days of conclusion.
E.
Within the period set forth above, the Brookville Borough
Council shall take one of the following actions.
(1)
Approve the application;
(2)
Approve the application with conditions, with or without
the applicant's consent; or
(3)
Deny the application based on specific findings communicated
to the applicant in writing.
(4)
The Brookville Borough Council may attach such reasonable
conditions and safeguards, in addition to those expressed in this article,
as it may deem necessary to implement the purposes of this article. The applicant
shall have 30 days to notify the Brookville Borough Council, in writing, that
he accepts any attached conditions or stipulations. Failure to accept specified
conditions or stipulations will render the application null and void.
(5)
Failure of the Brookville Borough Council to take action
within the prescribed time frame, including any extension(s), shall be deemed
approval of the application as submitted.
F.
An applicant whose conditional use application is approved
must obtain a zoning/building permit. As set forth in this section, an applicant
proposing a development containing a use that is permitted only as a conditional
use may submit an application for a zoning permit simultaneously along with
the conditional use application. The review and approval process for both
the conditional use and zoning/building permit may proceed independently.
G.
All construction, development, and use shall be in accordance
with the conditional use plan, together with all its information as finally
approved by the Borough Council and all conditions and stipulations attached
by the Board. Any development contrary to the approved plan shall constitute
a violation of this article.
H.
Failure of the applicant to apply for a building permit
within one calendar year of receiving approval for the conditional use shall
render the decision of the Borough Council null and void.
The following sections describe conditional uses and their requirements.
A.
Garden apartment. Garden apartments are conditional uses in the MDR and OC Zoning Districts. Garden apartments are defined in Article II of this chapter.
B.
Cemeteries. Cemeteries are conditional uses in the Recreation Conservation (RC) and Light Industrial Zone 2 (LI-2). Cemeteries are defined in Article II of this chapter.
C.
Churches. Churches are conditional uses in all zoning
districts except Office Commercial (OC).
(1)
Lot coverage: For churches in any residential zoning
district the maximum square footage may not exceed 10,000 square feet.
(2)
Minimum lot area: must be no less than 20,000 square
feet.
D.
Group dwellings (see "licensed care facilities"). Group dwelling uses are conditional uses in all zoning districts. Group dwellings are defined in Article II of this chapter (see "licensed care facility").
(1)
All group dwelling units must register with the Borough.
(2)
All group dwelling units must be licensed by the state
if they are providing any type of care.
(3)
Minimum lot area: must be no less than minimum requirement
of the zoning district in which it is located.
(4)
Group dwelling units: These uses in any zoning district
must not exceed the lot coverage for the district they are located within.
E.
Licensed care facilities. Licensed care facilities are
conditional uses in all zoning districts.
(1)
The Commonwealth of Pennsylvania shall license the facility.
(2)
The Borough Council may impose restrictions of access
to the facility, storage of materials or vehicles, hours of operation and
such other matters as it deems necessary to ensure that there are no adverse
effects on the adjacent parcels, neighbors, the site itself, and the zoning
district.
Any use not listed under Article III or listed in Table III-A.
A.
Purpose. The purpose of this article is to set general
guidelines and standards for special exception uses in Brookville Borough.
B.
General criteria and schedule for special exceptions.
(1)
Special exception uses are authorized and listed in Article III and Table III-A per zoning district.[1]
[1]
Editor's Note: Table III-A is included at the end of this chapter.
(2)
All applications for special exception shall demonstrate
that.
(a)
The proposed use will not endanger or threaten the public
health, safety, and welfare of the environment or residents, or generate nuisance
conditions.
(b)
The use is compatible with the uses on the adjoining
properties.
(c)
The site will not require extensive grading, revised
uncontrolled draining patterns, or increase stormwater runoff from the predeveloped
rate of the site.
(d)
The use does not create excessive traffic congestion, and parking requirements meet those of Article IV of this chapter.
(e)
Areas of the property not to be covered by buildings,
accessory structures, or paved parking areas are to be landscaped and maintained.
(f)
The property owner or lessee locates accesspoints to
the site/property as far apart as possible and maintained.
(g)
The Borough Council may impose restrictions of access
to the facility, storage of materials or vehicles, hours of operation and
such other matters as they deem necessary to ensure that there are no adverse
effects on the adjacent parcel, on the site itself, and in the zoning district.
“Communications facilities/antenna” is defined in Article II of this chapter. Any communications tower and its associated structures operated by any person, agency or corporation not otherwise a public utility regulated by the Pennsylvania Public Utility Commission, who or which furnishes mobile domestic cellular radio telecommunications services, or other communications services including commercial radio and television of any type for public or private use.
A.
Minimum lot area: must be no less than 10 contiguous
acres in any zoning district.
B.
No facility may be within 100 feet from the nearest property
line in any zoning district.
C.
Parking: Parking must be provided on site as per Article IV of this chapter or be on a public lot within 400 feet of the structure.
E.
Height: Maximum height may not exceed 100 feet.
F.
Wind and snow loads reports must be prepared by an engineer
currently licensed or certified in the commonwealth; certifications of Pennsylvania
may be required.
Temporary structures and trailers used in conjunction with construction
work shall be permitted uses in every zoning district only during the period
that the construction work is in progress, subject to approval of the Zoning
Officer. Occupancy permits for temporary structures shall be issued for a
six-month period.
For the purposes of safety, fire suppression, and other emergency conditions,
groups of nonresidential structures shall be so spaced as to provide a minimum
of 25 feet between buildings to permit fire fighters and other emergency personnel
to safely approach the buildings from the side in the OC and LI Zoning Districts.
The minimum lot area, minimum width of lot, minimum depth of front yard, minimum width of each side yard for each district shall be as shown on Table III-B.[1]
A.
Required front yards. Lots that abut on more than one
street shall provide the required front yards along every street unless otherwise
approved by the Zoning Hearing Board.
B.
Structures. All structures, whether attached to the principal
structure or not and whether open or enclosed, including porches, balconies
or platforms above normal grade level, shall not project into any minimum
front, side, or rear yard, except that structures accessory to single-family
residences may extend partly into required rear and side yards, provided that
required side and rear yards are not diminished by more than five feet and
that no side or rear yard shall be less than five feet. Additionally, not
more than one structure which is not more than 100 square feet in size may
be located in any required rear or side yard in any residential district.
C.
Nonconforming lot. Any nonconforming lot held in separate
ownership different from the ownership of adjoining lots since the date when
it became nonconforming shall be exempt from the minimum lot area, depth,
and width requirements.
D.
Septic tanks or on-lot sewage disposal systems (OLDS).
(1)
Where septic tanks or on-lot sewage disposal systems
(OLDS) are allowed for the purpose of small-scale treatment, the minimum lot
size shall not be less than required by percolation tests required by the
PA DEP/Local Sanitation Council most current requirements at the time of building
permit or subdivision application for the newly created lots. Preexisting
systems servicing the existing developed lots must have a permit or letter
of approval for the continuation of a conforming or preexisting system.
(2)
If the reuse of an existing private on-lot sewage disposal
systems (OLDS) or public sanitary sewer is within the specified distance by
the PA DEP or any agency deemed as the local sanitation council, said lots
will be required to have public potable water and a letter of approved sanitary
sewer service.
[1]
Editor's Note: Table III-B is included at the end of this chapter.
A.
Location. A methadone treatment facility shall not be
established or operated within 2,500 feet to an existing school, public playground,
public park, residential housing area, child-care facility, church, meetinghouse
or other actual place of regularly stated religious worship established prior
to the proposed methadone treatment facility. These facilities may be located
in an LI Zoning District as a special exception use.
B.
Occupancy permit. The provisions of this subsection shall
apply whether or not an occupancy permit or certificate of use has been issued
to the owner or operator of a methadone treatment facility for a location
that is within 2,500 feet to an existing school, public playground, public
park, residential housing area, child-care facility, church, meetinghouse
or other actual place of regularly stated religious worship established prior
to the proposed methadone treatment facility.
(1)
Approval.
(a)
Notwithstanding Subsection A, a methadone treatment facility may be established and operated closer than 2,500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if by majority vote the Borough Council votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such a location.
(b)
At least 14 days prior to the Borough voting on whether
or not to approve the issuance of an occupancy permit or certificate of use
for a methadone treatment facility at a location that is closer than 2,500
feet of an existing school, public playground, public park, residential housing
area, child-care facility, church, meetinghouse or other actual place of regularly
stated religious worship established prior to the proposed methadone treatment
facility, one or more public hearings regarding the proposed methadone treatment
facility location shall be held within the Borough following public notice.
All owners of real property located within 2,500 feet of the proposed location
shall be provided written notice of said public hearings at least 30 days
before said public hearings occurring.
(2)
License, prior existence. This section shall not apply
to a methadone treatment facility that is licensed by the Department of Health
before May 15, 1999.
(3)
License, current existence. As used in this section,
the term "methadone treatment facility" shall mean a facility licensed by
the Department of Health to use the drug methadone in the treatment, maintenance,
or detoxification of persons.
(a)
Minimum lot area: The minimum lot area must be no less
than two acres.
(b)
Maximum lot coverage: may not exceed 60%.
(c)
The Commonwealth of Pennsylvania shall license the facility.
(d)
The facility shall be screened from any adjacent residential
property with a minimum of eight feet in height by a compact evergreen hedge
with evergreen trees planted in staggered rows with a double amount of evergreen
trees.
(f)
Any outdoor displays, equipment storage, and display
areas shall not be any closer than 50 feet from any adjacent residential use.
(g)
Paved access roads are required for site entrance.
(i)
All treatment staff must be licensed professionals, licensed
by the Commonwealth of Pennsylvania.
(j)
Registration of occupants is required quarterly with
the Borough Police Department.
(m)
Hours of operation shall be between 7:00 a.m. and 7:00
p.m.
(n)
An architectural rendering of the structure may be required
prior to approval.
(o)
Lighting: All lighting patterns will be contained to
the site itself.
See Article VII of this chapter.
