301. DESIGNATION OF DISTRICTS AND PURPOSES.
A. For the purpose of this Ordinance, the Schuylkill County municipalities that are regulated by this Zoning Ordinance are hereby divided into the following zoning districts, with the following abbreviations:
A Agricultural District
CR Conservation Residential District
R-1 Rural Residential District (Reserved for future use)
R-2 Medium Density Residential District
R-3 High Density Residential District
T-C Town Center Commercial District
C-1 Local Commercial District
C-2 (Reserved for Future Use)
C-3 Highway Commercial District
C-4 Regional Highway Commercial District
I-C Industrial-Commercial District
CM Conservation Mining District
B. For the purposes of this Ordinance, the zoning districts named in Section 301.A. shall be of the number, size, shape and location shown on the “Official Zoning Map.”
C. Each municipality separately regulates activity within the 100-Year Floodplain. Note to Applicant: See the applicable ordinance of the appropriate Borough / Township.
D. Purposes of Each District. In addition to serving the overall purposes and objectives of this Ordinance and the County Comprehensive Plan, each zoning district is intended to serve the following purposes:
1. A-Agricultural District. - To promote the continuation and preservation of agricultural activities in those areas most suitable for such activities. This zone also intends to protect and stabilize the County’s viable agricultural economy by eliminating uses that are incompatible with farming, but permitting limited agricultural support businesses. Consequently, the density of residential uses is limited and any future inhabitants in this district must be willing to accept the impacts associated with normal farming practices, and related businesses.
2. CR-Conservation Residential District. To provide for development with a low average intensity in areas that include significant important natural features, such as wetlands, mountainsides, ridgelines, creeks, flood-prone lands and steeply sloped areas. To vary density based upon the natural features of the land. To protect the water quality and habitats along creeks and around lakes, and promote groundwater recharge.
3. R-1 - Rural Residential District . Reserved for future use.
4. R-2 - Medium Density Residential District. To serve the same purposes as the R-1 district, but with a medium density suburban density.
5. R-3 - High Density Residential District. To provide for high density residential neighborhoods that are composed of various housing types. To protect these areas from incompatible uses.
6. TC - Town Center Commercial District. To provide business opportunities while seeking to develop a central community focus for historic boroughs. To promote a pedestrian-friendly and bicycle-friendly environment. To promote an appropriate mix of retail, service, office, public, institutional and residential uses. To avoid heavy commercial uses that are most likely to conflict with the historic and scenic character, and most likely to cause conflicts with homes.
7. C-1 - Local Commercial District - To provide for a mix of housing and light business uses in a manner that avoids conflicts between homes and intensive commercial uses. To primarily provide for smaller-scale uses that will not be obtrusive in the landscape and that will not overload the road system.
8. C-2 - Reserved for Future Use
9. C-3 - Highway Commercial District. To provide for a wide range of commercial uses, particularly in areas that are not historic, not within a downtown or not adjacent to residential neighborhoods.
10. C-4 - Regional Highway Commercial District. To allow a wide range of commercial uses and selected industrial uses near highway interchanges.
11. I-C - Industrial-Commercial District. To provide for industrial and commercial development in a manner that is compatible with any nearby homes and the surrounding environment. To carefully control the types of industrial operations to avoid nuisances and environmental hazards. To promote a well-landscaped campus like setting that will help attract new employers and provide compatibility with nearby homes.
12. CM - Conservation Mining District. To recognize the primary areas in the County where there are widespread coal resources. To provide for mineral extraction/quarrying uses and appropriate uses after reclamation in a manner that protects the environment. To consider changes in the future to the zoning map to residential, commercial or industrial development in particular areas where it is shown that there are few recoverable coal resources, or where necessary to support reclamation of older mined areas, or where it is more appropriate to provide for alternative uses. To seek to avoid small pockets of residential development in the middle of mining areas.
302. APPLICATION OF DISTRICT REGULATIONS.
A. The regulations set by this Ordinance shall apply uniformly to each class or kind of structure or land, except as provided for in this Ordinance.
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 lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.
D. Boundary Change. Any territory which may hereafter become part of the Borough/Township through annexation or a boundary adjustment shall be automatically classified as the CR zoning district until or unless such territory is otherwise classified by amendment of this Ordinance.
A. Maps that are each entitled “Zoning Map” shall accompany this Ordinance and are declared a part of this Ordinance. The Official Zoning Map(s) should bear the adoption date of this Ordinance and the words “Official Zoning Map.” At least one paper copy of each Zoning Map shall be retained in the County Zoning Office, and which should include a signature by the Chairperson of the Board of County Commissioners. The Zoning Map(s) may be updated electronically, provided that an official paper copy is also maintained.
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. 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 Ordinance.
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 or to add updated base information, the Board of Commissioners 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:
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 Deeds’ office at the time of the adoption of this ordinance, 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 un-subdivided 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 use(s) 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.
305. SETBACKS ACROSS MUNICIPAL BOUNDARIES.
A. Intent. To continue the objective of compatible land uses across municipal boundaries.
B. This Section applies if a use is developed on land under this adjacent land is in a municipality that is not regulated by this Ordinance. In such case, if the use is required to provide a larger buffer yard dwelling or a residential district, and the dwelling or residential district is in an adjacent municipality, the use shall still be required to provide the larger setback and/or buffer yard.
306. ALLOWED USES AND DIMENSIONAL REQUIREMENTS IN EACH ZONING DISTRICT.
A. For the purposes of this Section, the following abbreviations shall have the following meanings:
(S. 402) = See Additional Requirements in Section 402
(S. 403) = See Additional Requirements in Section 403
B. Unless otherwise provided by State or Federal law, any land or structure shall only be used or occupied for a use specifically listed in this Ordinance as allowed in the zoning district where the land or uses shall only be allowed if the use complies with all other requirements of this Ordinance.
See also Section 105.B. 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 Section 105.B, any other principal use that is not specifically listed as P or SE in the applicable district in this table is prohibited in that district.
For temporary uses, see Section 103.
For manufacturing uses, the types of uses listed in this Section correspond approximately to the categories of the North American Industrial Classification System, administered by the U.S. Department of Commerce. In case of question about the categorization, such system shall be consulted.
306.C. A Agricultural District.
a. Additional Business Uses on a Farm (S.403)
c. Agricultural Uses and Buildings
d. Cemetery, not including a Crematorium (S. 402)
e. Community Center (limited to a government-sponsored or non-profit facility) or Library
f. Crop Farming (which shall not by itself require a zoning permit unless new or expanded buildings are involved) and Wholesale Greenhouses
g. Day Care Center accessory to and on the same lot as an existing lawful Place of Worship (S.402)
h. Emergency Services Station (with an accessory Banquet Hall needing special exception approval)
i. Food and Beverage Manufacturing and Processing
j. Forestry (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
k. Gas or Oil Well (S. 402)
l. Golf Course with a minimum lot area of 40 acres (S. 402)
m. Groundwater or Spring Water withdrawal averaging less than 100,000 gallons per day, (which shall not by itself require a zoning permit unless new or expanded buildings or structures are involved) (S. 402)
n. Groundwater or Spring Water withdrawal facility averaging more than 100,000 gallons per day, which may involve loading, trucking (S. 402)
o. Group Home within a lawful existing dwelling unit not including a Treatment Center (S. 402)
p. Home Occupation, Minor (S. 403)
q. Hunting and Fishing Club, provided that any firearms target range shall need special exception approval
r. Livestock or Poultry, Raising of Non-Intensive (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
s. Nature Preserve or Environmental Education Center
u. Place of Worship (includes Church) (S. 402)
v. Retail Sales of Agricultural Products (S. 403)
w. School, Private, Primary or Secondary (S. 402)
x. Single Family Detached Dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of Section 402)
y. Solar Energy Collection and Processing
z. Stable, Household or Non-Household (includes horse-riding academy) (S. 403)
aa. Veterinarian Office (S. 402)
bb. Wind Turbine – Maximum of one on a lot that is designed primarily for on-site electricity use,
and which meets the requirements for an Accessory Wind Turbine
(S. 403)
cc. Accessory uses permitted by right (S. 103.A. and 307.C.)
2. Special Exception Uses.
a. Adaptive Reuse of a Former School, Place of Worship or Industrial Building in compliance with Section 402
b. Airport (Private), Airport (Public), Heliport (S. 402)
c. Commercial Communications Tower (S. 402)
d. Composting, Commercial
e. Day Care as accessory to a dwelling: (S. 403)
-Family Day Care Home
-Group Day Care Home
f. Emergency Services Station which may include Accessory Banquet Hall
g. Home Occupation, Major (S. 403)
h. Hunting Grounds, Commercial
i. Kennel, Commercial (S. 402)
j. Livestock or Poultry, Raising of – Intensive (S. 402)
k. Mineral Extraction (S.402) (Note - A Gas or Oil Well is a separate use.)
l. Membership Club Meeting and Non-Commercial Recreational Facilities, provided that an “After Hours Club”, “uses listed separately in Section 306 shall only be allowed if so listed and if the requirements for that use are also met (S. 402)
m. Sewage Treatment Plant for Centralized Service
n. Swimming Pool, Non-Household (S. 402)
o. Target Range, Firearms, either indoor or outdoor (S. 402)
p. Wind Turbine(s), other than is allowed as an accessory use (S. 402)
3. Dimensional Requirements.
a. Minimum lot area:
43,560 square feet without public sewage and without public water service.
35,000 square feet with public sewage or public water service.
10,000 square feet with public sewage and public water services.
b. Minimum lot width:
150 feet-without public sewage and without public water service
125 feet-with public sewage or public water service
75 feet-with public sewage and public water services
c. Minimum setbacks for principal structure:
25 feet-front yard. See Note D, in Section 307.A.
25 feet- rear yard. See Note ** in Section 307.A.
10 feet-each side yard.
d. If a lawful lot that existed prior to the adoption date of this Ordinance has a nonconforming lot width, then the minimum side yards for principal and accessory structures may be reduced as follows:
· lot width is 30 feet or less, both side yard setbacks-0 feet
·
lot width is greater than 30 feet and
up to and including 50 feet,
both setbacks-
3 feet.
· lot width is greater than 50 feet, both setbacks- 5 feet.
e. Maximum
percent building coverage shall be 25 percent
for all uses.
See Note F in Section 307.A.
f. Maximum
percent impervious coverage shall be 50
percent for all uses.
See Note F in Section 307.A.
h. Accessory Structure Side and Rear Setbacks-3 feet. See Section 307.C.
306.D. CR Conservation Residential District.
a. Additional Business Uses on a Farm (S. 403)
c. Agricultural Uses and Buildings
d. Cemetery (see Crematorium listed separately) (S. 402)
e. Community Center (limited to a government-sponsored or non-profit facility) or Library
f. Crop Farming (which shall not by itself require a zoning permit unless new or expanded buildings are involved) and Wholesale Greenhouses
g. Day Care Center accessory to and on the same lot as an existing lawful Place of Worship (S. 402)
h. Emergency Services Station with any Accessory Banquet Hall needing special exception approval
i. Forestry (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
j. Gas or Oil Well (S. 402)
k. Golf Course, with a minimum lot area of 40 acres (S. 402)
l. Groundwater or Spring Water withdrawal averaging less than 100,000 gallons per day, (which shall not by itself require a zoning permit unless new or expanded buildings or structures are involved) (S. 402)
m. Groundwater or Spring Water withdrawal facility averaging more than 100,000 gallons per day, which may involve loading and trucking (S. 402)
n. Group Home within a lawful existing dwelling unit , not including a Treatment Center (S. 402)
o. Home Occupation, Minor (S. 403)
p. Hunting and Fishing Club, provided that any firearms target range shall need special exception approval
q. Livestock or Poultry, Raising of -Non-Intensive (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
r. Nature Preserve or Environmental Education Center
t. Place of Worship (includes Church) (S. 402)
u. Retail Sales of Agricultural Products (S. 403)
v. School, Private, Primary or Secondary (S. 402)
w. Single Family Detached Dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of Section 402)
x. Solar Energy Collection and Processing
y. Stable, Household or Non-Household (includes horse-riding academy) (S. 403)
z. Veterinarian Office (S. 402)
aa. Wind Turbine – Maximum of one on a lot that is designed primarily for on-site electricity use,
and which meets the requirements for an Accessory Wind Turbine
(S. 403)
bb. Accessory uses permitted by right (S. 103.A. and 307.C.)
2. Special Exception Uses.
a. Adaptive Reuse of a Former School, Place of Worship or Industrial Building in compliance with Section 402
b. Commercial Communications Tower (S. 402)
c. Composting, Commercial
d. Emergency Services Station which may include Accessory Banquet Hall
e. Kennel, Commercial (S. 402)
g. Livestock or Poultry, Raising of Intensive (S. 402)
h. Membership Club Meeting and Non-Commercial Recreational Facilities, provided that an “After Hours Club”, “uses listed separately in Section 306 shall only be allowed if so listed and if the requirements for that use are also met (S. 402)
i. Sewage Treatment Plant for Centralized Service
j. Swimming Pool, Non-Household (S. 402)
k. Target Range, Firearms either indoors or outdoors (S. 402)
l. Wind Turbine(s), other than is allowed as an accessory use (S. 402)
3. Dimensional Requirements.
a. Minimum lot area:
87,120 square feet without public sewage and without public water service.
43,560 square feet with non-public central sewage and/or central water service
20,000 square feet with public sewage and public water services.
b. Minimum lot width:
150 feet-without central sewage and without central water service
125 feet-with central sewage or central water service
75 feet-with central sewage and central water services
c. Minimum setbacks for principal structure:
25 feet-front yard. See Note D, in Section 307.A.
25 feet- rear yard. See Note ** in Section 307.A.
10 feet-each side yard
d. If a lawful lot that existed prior to the adoption date of this Ordinance has a nonconforming lot width, then the minimum side yards for principal and accessory structures may be reduced as follows:
· lot width is 30 feet or less, both side yard setbacks-0 feet
·
lot width is greater than 30 feet and
up to and including 50 feet,
both setbacks-
3 feet.
· lot width is greater than 50 feet, both setbacks- 5 feet.
e. Maximum percent
building coverage shall be 25 percent for all uses.
See Note F in Section 307.A.
f. Maximum
percent impervious coverage shall be 50
percent for all uses.
See Note F in Section 307.A.
h. Accessory Structure Side and Rear Setbacks-3 feet. See Section 307.C.
306.E. R-1 Rural Residential District.
Reserved for future use.
306.F. R-2 Medium Density Residential District.
a. Age-Restricted Residential Development (S. 309)
b. Cemetery (see Crematorium listed separately) (S. 402)
c. Community Center (limited to a government-sponsored or non-profit facility) or Library
d. Day Care Center accessory to and on the same lot as an existing lawful Place of Worship (S. 402)
e. Emergency Services Station, with any Accessory Banquet Hall needing special exception approval
f. Forestry (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
g. Golf Course with a minimum lot area of 40 acres (S. 402)
h. Groundwater or Spring Water withdrawal averaging less than 100,000 gallons per day, (which shall not by itself require a zoning permit unless new or expanded buildings or structures are involved) (S. 402)
i. Group Home within a lawful existing dwelling unit, not including a Treatment Center (S. 402)
j. Home Occupation, Minor (S. 403)
k. Nature Preserve or Environmental Education Center
l. Place of Worship (includes Church) (S. 402)
m. School, Private, Primary or Secondary (S. 402)
n. Semi-Detached Dwelling (side-by-side)
o. Single Family Detached Dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of Section 402)
p. Solar Energy Collection and Processing as an accessory use
q. Townhouse (Rowhouse) (S. 402)
r. Wind Turbine Maximum of one on a lot that is designed primarily for on-site electricity use, and which meets the requirements for an Accessory Wind Turbine in Section 403
s. Accessory uses permitted by right (S. 103.A. and 307.C.)
2. Special Exception Uses.
a. Adaptive Reuse of a Former School, Place of Worship or Industrial Building in compliance with Section 402
b. Day Care as accessory to a dwelling (S. 403)
-Family Day Care Home
-Group Day Care Home
c. Day Care Center, Adult (S. 402)
d. Day Care Center, Child (S. 402) (see also as an accessory use) (S. 403)
e. Emergency Services Station Accessory Banquet Hall
f. Gas or Oil Well (S. 402)
g. Home Occupation, Major (S. 403)
h. Nursing Home or Personal Care Home/Assisted Living (S. 402)
i. Swimming Pool, Non-Household (S. 402)
3. Dimensional Requirements.
a. Minimum lot area for single family detached dwellings shall be:
43,560 square feet without public sewage and without public water service.
35,000 square feet with public sewage or public water service.
10,000 square feet with public sewage and public water services.
b. Minimum lot area of 10,000 per twin/semi-detached dwelling unit and townhouse.
There shall be a minimum development tract size of 2 acres for the
tract.
See Note C, in Section 307.A.
c. Other allowed use 43,560 square feet. See Note D in Section 307.A.
d. Minimum lot width:
150 feet-without public sewage and without public water service
125 feet-with public sewage or public water service
75 feet-with public sewage and public water services
35 feet per dwelling unit. See Note B, in Section 307.A.
20 feet per interior townhouse unit See Note B, in Section 307.A.
30 feet for a corner lot See Note B, in Section 307.A.
150 feet other allowed use
e. Minimum setbacks for principal structure:
25 feet-front yard. See Note D, in Section 307.A.
25 feet- rear yard. See Note ** in Section 307.A.
f. Minimum side yard setbacks for principal structure:
10 feet each side for single family detached dwelling.
10 feet except 0 at the shared lot line for attached dwelling unit and twin semi-detached dwelling unit.
15 feet each side-other allowed use. See Note D in Section 307.A.
g. If a lawful lot that existed prior to the adoption date of this Ordinance has a nonconforming lot width, then the minimum side yards for principal and accessory structures may be reduced as follows:
· lot width is 30 feet or less, both side yard setbacks-0 feet
·
lot width is greater than 30 feet and
up to and including 50 feet,
both setbacks-
3 feet.
· lot width is greater than 50 feet, both setbacks- 5 feet.
h. Maximum
percent building coverage shall be 50 percent
for all uses.
See Note F in Section 307.A.
i. Maximum
percent impervious coverage shall be 70
percent for all uses.
See Note F in Section 307.A.
k. Accessory Structure Side and Rear Setbacks-3 feet Setbacks. See Section 307.C.
306.G. R-3 High Density Residential District.
a. Age-Restricted Residential Development in compliance with Section 309
b. Apartments, see also conversion of an existing building (S. 402)
c. Cemetery (see Crematorium listed separately) (S. 402)
d. Community Center (limited to a government-sponsored or non-profit facility) or Library
e. Day Care Center accessory to and on the same lot as an existing lawful Place of Worship
f. Day Care as accessory to a dwelling-Family Day Care Home
g. Emergency Services Station, with any Accessory Banquet Hall needing special exception approval
h. Forestry (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
i. Golf Course with a minimum lot area of 40 acres (S. 402)
j. Groundwater or Spring Water withdrawal averaging less than 100,000 gallons per day, (which shall not by itself require a zoning permit unless new or expanded buildings or structures are involved) (S. 402)
k. Group Home within a lawful existing dwelling unit, not including a Treatment Center (S. 402)
l. Home Occupation, Minor (S. 403)
m. Nature Preserve or Environmental Education Center
n. Nursing Home or Personal Care Home/Assisted Living (S. 402)
o. Office (may include medical labs, see also Home Occupation in Section 403)
q. Place of Worship (includes Church) (S. 402)
r. School, Private, Primary or Secondary (S. 402)
s. Semi-Detached Dwelling (side-by-side)
t. Single Family Detached Dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of Section 402)
u. Solar Energy Collection and Processing as an accessory use
v. Townhouse (Rowhouse) (S. 402)
w. Wind Turbine Maximum of one on a lot that is designed primarily for on-site electricity use, and which meets the requirements for an Accessory Wind Turbine in Section 403
x. Accessory uses permitted by right (S. 103.A. and 307.C.)
2. Special Exception Uses.
a. Adaptive Reuse of a Former School, Place of Worship or Industrial Building in compliance with Section 402
b. Conversion of an Existing Building to Result in an Increased Number of Dwelling Units (S. 402)
c. Cultural Center or Museum
d. Day Care as accessory to a dwelling Group Day Care Home (S. 403)
e. Day Care Center, Adult (S. 402)
f. Day Care Center, Child (S. 402) (see also as an accessory use) (S 403)
g. Emergency Services Station Accessory Banquet Hall
h. Home Occupation, Major (S. 403)
i. Manufactured/Mobile Home Park (S. 402)
j. Membership Club Meeting and Non-Commercial Recreational Facilities, provided that an “After Hours Club”, “Tavern” or uses listed separately in Section 306 shall only be allowed if so listed and if the requirements for that use are also met (S. 402)
k. Swimming Pool, Non-Household (S 402)
3. Dimensional Requirements.
a. Minimum lot area:
43,560 square feet without public sewage and without public water service.
35,000 square feet with public sewage or public water service.
Minimum lot area with public sewage and with public water services:
2,500
square feet. for single family detached dwelling and
semi-detached dwelling unit (twin).
2,000 square feet. for townhouse. Per dwelling unit for the tract-2,500 square feet. See Note C and Note G in Section 307.A.
5,000 square feet-other allowed use.
b. Minimum lot width:
150 feet-without public sewage and without public water service
125 feet-with public sewage or public water service
Minimum lot width with public sewage and with public water
25 feet for single family detached dwelling and semi-detached dwelling unit (twin).
25 feet for unit on a corner lot.
20 feet per interior dwelling unit (townhouse)
50 feet for duplex or other apartment dwellings.
50 feet for any other allowed use.
See Note B in Section 307.A.
c. Minimum principal structure without public sewage and without public water:
25 feet-front yard. See Note D, in Section 307.A.
25 feet- rear yard. See Note ** in Section 307.A.
. 10 feet-each setback:
d. Minimum setbacks with public sewage and with public water services:
. 15 feet-setback for all uses.
3 feet each side for single family detached dwelling.
3 feet one side for twin semi-detached dwelling unit.
3 feet, except 0 at the shared lot line of lawfully attached dwellings.
10 feet for duplex or apartment dwellings.
10 feet-other allowed principal use. See Note ** in Section 307.A.
f. If a lawful lot that existed prior to the adoption date of this Ordinance has a nonconforming lot width, then the minimum side yards for principal and accessory structures may be reduced as follows:
· lot width is 30 feet or less, both side yard setbacks-0 feet
·
lot width is greater than 30 feet and
up to and including 50 feet,
both setbacks-
3 feet.
· lot width is greater than 50 feet, both setbacks- 5 feet.
g. Maximum
percent building coverage shall be 75 percent
for all uses.
See Note F in Section 307.A.
h. Maximum
percent impervious coverage shall be 90
percent for all uses.
See Note F in Section 307.A.
j. Accessory Structure Side and Rear Setbacks-3 feet See Section 307.C.
306.H. TC Town Center Commercial District.
b. Apartments (S. 402), see also conversions of an existing building
c. Auditorium (Commercial), Arena, Performing Arts Center or Exhibition-Trade Show Center
d. Bakery, Retail
e. Bed and Breakfast Inn (S. 402)
f. Beverage Distributor (wholesale and/or retail)
g. Business Service Use (such as package delivery drop-off)
h. Catering, Custom, for Off-Site Consumption
i. Cemetery (see Crematorium listed separately) (S. 402)
j. College or University - Educational and Support Buildings (other than environmental education center or residential uses)
k. Community Center (limited to a government-sponsored or non-profit facility) or Library
l. Conference Center
m. Conversion of an Existing Building to Result in an Increased Number of Dwelling Units (S. 402)
n. Crafts or Artisan’s Studio (see also as Home Occupation)
o. Cultural Center or Museum
p. Custom Printing, Copying, Faxing, Mailing or Courier Service
q. Day Care Center accessory to and on the same lot as an existing lawful Place of Worship
r. Day Care (S. 403) as accessory to a dwelling:
-Family Day Care Home
-Group Day Care Home
s. Day Care Center, Adult (S. 402)
t. Day Care Center, Child (S. 402) (see also as an accessory use) (S. 403)
u. Emergency Services Station, which may include an Accessory Banquet Hall
v. Exercise Club
w. Financial Institution (includes banks), with any “Drive-through” facilities meeting Section 403
x. Flea Market/Auction House
y. Forestry (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
z. Funeral Home
aa. Garden Center, Retail (see also “Wholesale Greenhouses”)
bb. Groundwater or Spring Water withdrawal averaging less than 100,000 gallons per day, (which shall not by itself require a zoning permit unless new or expanded buildings or structures are involved) (S. 402)
cc. Group Home within a lawful existing dwelling unit (S. 402), not including a Treatment Center
dd. Home Occupation, Major or Minor (S. 403)
ee. Hotel/Motel (S. 402)
ff. Laundromat
gg. Membership Club Meeting and Non-Commercial Recreational Facilities, provided that an “After Hours Club”, “uses listed separately in Section 306 shall only be allowed if so listed and if the requirements for that use are also met (S. 402)
hh. Nature Preserve or Environmental Education Center
ii. Nursing Home or Personal Care Home/Assisted Living (S. 402)
jj. Office (may include medical labs, see also Home Occupation in Section 403)
kk. Outdoor Storage and Display as accessory to a business use shall also comply with Sections 402, 803 and 804
ll. Parking Garage or Parking Lot (S. 603G.)
mm.Personal Services (includes tailoring, custom dressmaking, haircutting/styling, travel agency, drycleaning, shoe repair, “massage therapy, certified” and closely similar uses) (see also Home Occupation)
nn. Place of Worship (includes Church) (S. 402)
oo. Recording Studio, Music
pp. Recreation, Commercial Indoor (includes bowling alley, roller or ice skating rink, batting practice, and closely similar uses); other than uses listed separately in Section 306
qq. Repair Service, Household Appliance
rr. Restaurant or Banquet Hall without drive-through service (S. 402)
ss. Retail Store (not including uses listed individually in Section 306) or Shopping Center, and which may include a building occupied by multiple retail stores and which may include drive-through service for a pharmacy
tt. School, Private, Primary or Secondary (S. 402)
uu. Semi-Detached Dwelling (side-by-side)
vv. Single Family Detached Dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of Section 402)
ww.Solar Energy Collection and Processing
xx. Swimming Pool, Non-Household (S. 402)
yy. Theater, Indoor Movie, other than an Adult Use
zz. Townhouse (Rowhouse) (S. 402)
aaa. Trade / Hobby School
bbb.U.S. Postal Service Facility, which may include a leased facility
ccc. Veterinarian Office (S. 402)
ddd.Warehousing or Storage as an on-site accessory use
eee. Wind Turbine Maximum of one on a lot that is designed primarily for on-site electricity use, and which meets the requirements for an Accessory Wind Turbine in Section 403
fff. Accessory uses permitted by right (S. 103.A. and 307.C.)
2. Special Exception Uses.
a Adaptive Reuse of a Former School, Place of Worship or Industrial Building in compliance with Section 402
b. Boarding House (includes Rooming House) (S. 402)
c. Construction Company or Tradesperson’s Headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as Home Occupation. Accessory outdoor storage shall be permitted provided it meets the screening requirements of Section 803
d. Manufacturing, Custom, of Prototypes or Accessory Manufacturing in Combination with Principal Research and Development
e. Tavern which may include a State-licensed micro-brewery (not including an After Hours Club or Nightclub)
3. Dimensional Requirements. Allowed residential uses shall meet the regulations of the R-3 district. Apartments that are accessory to a commercial use shall have a minimum lot area of 1,000 square feet per dwelling unit.
The following regulations apply for other uses:
a. Minimum lot area shall be 2,500 square feet. See Note E in Section 307.A.
b. Minimum lot width shall be 25 feet.
c. Minimum front yard setback shall be 0 feet. No
new vehicle parking shall be located between the
front State
Road and the front of a principal building.
See Note D, in Section 307.A. See Section 307.D.
d. Minimum rear yard setback shall be 10 feet for
other allowed uses.
See Note ** in Section 307.A.
e. Minimum side yard setback shall be 0 feet. If an
attached building is demolished, then a new building may be attached along the same lot line.
See Note ** in Section 307.A.
f. If a lawful lot that existed prior to the adoption date of this Ordinance has a nonconforming lot width, then the minimum side yards for principal and accessory structures may be reduced as follows:
· lot width is 30 feet or less, both side yard setbacks-0 feet
·
lot width is greater than 30 feet and
up to and including 50 feet,
both setbacks-
3 feet.
· lot width is greater than 50 feet, both setbacks- 5 feet.
g. Maximum
percent building coverage shall be 90 percent
for other allowed uses.
See Note F, in Section 307.A.
h. Maximum
percent impervious coverage shall be 95
percent for all uses.
See Note F in Section 307.A.
j. Accessory
Structure Side and Rear Setbacks Side-0 feet,
Rear-10 feet.
See Section 307.C.
306.I. C-1 Local Commercial District.
b. Apartments, see also conversions of an existing building (S. 402)
c. Auditorium (Commercial), Arena, Performing Arts Center or Exhibition-Trade Show Center
d. Bakery, Retail
e. Bed and Breakfast Inn (S. 402)
f. Beverage Distributor (wholesale and/or retail)
g. Business Service Use (such as package delivery drop-off)
h. Catering, Custom, for Off-Site Consumption
i. College or University - Educational and Support Buildings (other than environmental education center or residential uses)
j. Community Center (limited to a government-sponsored or non-profit facility) or Library
k. Conference Center
l. Construction Company or Tradesperson’s Headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as Home Occupation.
m. Conversion of an Existing Building to Result in an Increased Number of Dwelling Units (S. 402)
n. Crafts or Artisan’s Studio (see also as Home Occupation)
o. Cultural Center or Museum
p. Custom Printing, Copying, Faxing, Mailing or Courier Service
q. Day Care Center accessory to and on the same lot as an existing lawful Place of Worship
r. Day Care as accessory to a dwelling: (S. 403)
-Family Day Care Home
-Group Day Care Home
s. Day Care Center, Adult (S. 402)
t. Day Care Center, Child (S. 402) (see also as an accessory use) (S. 403)
u. Emergency Services Station, which may include an Accessory Banquet Hall
v. Exercise Club
w. Financial Institution (includes banks), with any “Drive-through” facilities meeting Section 403
x. Flea Market/Auction House
y. Funeral Home
z. Garden Center, Retail (see also “Wholesale Greenhouses”)
aa. Groundwater or Spring Water withdrawal averaging less than 100,000 gallons per day, (which shall not by itself require a zoning permit unless new or expanded buildings or structures are involved) (S. 402)
bb. Group Home within a lawful existing dwelling unit, not including a Treatment Center (S. 402)
cc. Home Occupation, Major or Minor (S. 403)
dd. Hospital or Surgery Center
ee. Hotel/Motel (S. 402)
ff. Laundromat
gg. Membership Club Meeting and Non-Commercial Recreational Facilities, provided that an “After Hours Club”, “uses listed separately in Section 306 shall only be allowed if so listed and if the requirements for that use are also met (S. 402)
hh. Nature Preserve or Environmental Education Center
ii. Nursing Home or Personal Care Home/Assisted Living (S. 402)
jj. Office (may include medical labs, see also Home Occupation)
kk. Outdoor Storage and Display as accessory to a business use shall also comply with Sections 402, 803 and 804
ll. Parking Garage or Parking Lot (S. 603G.)
mm.Personal Services (includes tailoring, custom dressmaking, haircutting / styling, travel agency, drycleaning, shoe repair, “massage therapy, certified” and closely similar uses) (see also Home Occupation)
nn. Photo Processing, Bulk
oo. Place of Worship (includes Church) (S. 402)
pp. Printing or Bookbinding
qq. Recording Studio, Music
rr. Recreation, Commercial Indoor (includes bowling alley, roller or ice skating rink, batting practice, and closely similar uses); other than uses listed separately in Section 306
ss. Repair Service, Household Appliance
tt. Restaurant or Banquet Hall (S. 402), which may include drive-through service (S. 403)
uu. Retail Store (not including uses listed individually in Section 306) or Shopping Center, and which may include a building occupied by multiple retail stores and which may include drive-through service for a pharmacy
vv. School, Private, Primary or Secondary (S. 402)
ww. Self-Storage Development (S. 402)
xx. Semi-Detached Dwelling (side-by-side)
yy. Single Family Detached Dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of Section 402)
zz. Solar Energy Collection and Processing
aaa. Swimming Pool, Non-Household (S. 402)
bbb. Tavern which may include a State-licensed micro-brewery (not including an After Hours Club or Nightclub)
ccc. Theater, Indoor Movie, other than an Adult Use
ddd. Townhouse (Rowhouse) (S. 402)
eee. Trade/Hobby School
fff. U.S. Postal Service Facility, which may include a leased facility
ggg. Veterinarian Office (S. 402)
hhh. Warehousing or Storage as an on-site accessory use
iii. Water Park
jjj. Wind Turbine Maximum of one on a lot that is designed primarily for on-site electricity use, and which meets the requirements for an Accessory Wind Turbine in Section 403
kkk. Accessory uses permitted by right (S. 103.A. and 307.C.)
2. Special Exception Uses.
a. Adaptive Reuse of a Former School, Place of Worship or Industrial Building in compliance with Section 402
b. Auto Repair Garage or Auto Service Station (S. 402)
c. Boarding House (includes Rooming House) (S. 402)
d. Manufactured/Mobile Home Park (S. 402)
e. Manufacturing, Custom, of Prototypes or Accessory Manufacturing in Combination with Principal Research and Development
f. Recreation, Commercial Outdoor (S. 402) (including miniature golf course, golf driving range, archery, paintball and closely similar uses listed separately in Section 306
g. Target Range, Firearms – Completely indoor and enclosed (S. 402)
h. Wholesale Sales (other than Motor Vehicles)
3. Dimensional Requirements.
a. Minimum lot area:
43,560 square feet without public sewage and without public water service.
35,000 square feet with public sewage or public water service.
Minimum lot area with public sewage and public water services:
2,500
square feet. for single family detached dwelling and
semi-detached dwelling unit (twin).
2,000 square feet. for townhouse. Per dwelling unit for the tract-2,500 square feet. See Note C and Note G in Section 307.A.
5,000 square feet as other allowed use.
b. Minimum lot width measured at minimum building setback line shall be:
25 feet for single family detached dwelling and
25 feet for semi-detached dwelling unit (twin).
20 feet per interior dwelling unit (townhouse)
25 feet for unit on a corner lot.
50 feet for duplex or other apartment dwellings.
50 feet for any other allowed use.
See Note B in Section 307.A.
c. 5 feet-minimum front yard setback for all uses.
d. 15 feet-minimum rear yard setback for all uses.
3 feet each side for single family detached dwelling.
3 feet one side for twin semi-detached dwelling unit.
3 feet, except 0 at the shared lot line of lawfully attached dwellings.
10 feet for duplex or other apartment dwellings.
10 feet as other allowed principal use. See Note ** in Section 307.A.
f. If a lawful lot that existed prior to the adoption date of this Ordinance has a nonconforming lot width, then the minimum side yards for principal and accessory structures may be reduced as follows:
· lot width is 30 feet or less, both side yard setbacks-0 feet
·
lot width is greater than 30 feet and
up to and including 50 feet,
both setbacks-
3 feet.
· lot width is greater than 50 feet, both setbacks- 5 feet.
g. Maximum
percent building coverage shall be 75 percent
for all uses.
See Note F in Section 307.A.
h. Maximum
percent impervious coverage shall be 90
percent for all uses.
See Note F in Section 307.A.
j. Accessory Structure Side and Rear Setbacks-3 feet See Section 307.C.
Reserved for Future Use
306.K. C-3 Highway Commercial District.
b. Amusement Park or Water Park
c. Animal Cemetery (S. 402)
d. Assembly or Finishing of Products Using Materials Produced Elsewhere (such as products from plastics manufactured off-site)
e. Auditorium (Commercial), Arena, Performing Arts Center or Exhibition-Trade Show Center
f. Auto Repair Garage or Auto Service Station (S. 402)
g. Auto, Boat or Mobile/Manufactured Home Sales (S. 402)
h. Bakery, Retail
i. Bed and Breakfast Inn (S. 402)
j. Beverage Distributor (wholesale and/or retail)
k. Building Supplies and Building Materials, Wholesale Sales of
l. Bus Maintenance or Storage Yard
m. Business Service Use (such as package delivery drop-off)
n. Car Wash (S. 402)
o. Catering, Custom, for Off-Site Consumption
p. Cemetery (see Crematorium listed separately) (S. 402)
q. College or University - Educational and Support Buildings (other than environmental education center or residential uses)
r. Community Center (limited to a government-sponsored or non-profit facility) or Library
s. Conference Center
t. Construction Company or Tradesperson’s Headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as Home Occupation. Accessory outdoor storage shall be permitted provided it meets the screening requirements of Section 803
u. Conversion of an Existing Building to Result in an Increased Number of Dwelling Units (S. 402)
v. Crafts or Artisan’s Studio (see also as Home Occupation)
w. Cultural Center or Museum
x. Custom Printing, Copying, Faxing, Mailing or Courier Service
y. Day Care Center, Adult (S. 402)
z. Day Care Center, Child (see also as an accessory use) (S. 402)
aa. Day Care Center accessory to and on the same lot as an existing lawful Place of Worship
bb. Day Care as accessory to a dwelling: (S. 403)
-Family Day Care Home
-Group Day Care Home
cc . Emergency Services Station, which may include an Accessory Banquet Hall
dd. Exercise Club
ee. Financial Institution (includes banks), with any “Drive-through” facilities meeting Section 403
ff . Flea Market/Auction House
gg. Forestry (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
hh. Funeral Home
ii. Garden Center, Retail (see also “Wholesale Greenhouses”)
jj. Gas or Oil Well (S. 402)
kk. Groundwater or Spring Water withdrawal averaging less than 100,000 gallons per day, (which shall not by itself require a zoning permit unless new or expanded buildings or structures are involved) (S. 402)
ll. Groundwater or Spring Water withdrawal facility averaging more than 100,000 gallons per day, which may involve loading and trucking (S. 402)
mm. Group Home within a lawful existing dwelling unit, not including a Treatment Center (S. 402)
nn. Home Occupation, Major or Minor (S. 403)
oo. Hospital or Surgery Center
pp. Hotel/Motel (S. 402)
qq. Industrial Equipment Sales, Rental and Service, other than vehicles primarily intended to be operated on public streets
rr. Laundromat
ss. Laundry, Commercial or Industrial
tt . Lumber Yard
uu. Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors:
–Apparel, Textiles, Shoes and Apparel Accessories (see also Crafts Studio)
–Electrical Equipment, Appliances and Components
–Jewelry and Silverware
–Medical Equipment and Supplies
–Scientific, Electronic and Other Precision Instruments
–Sporting Goods, Toys, Games, Musical Instruments or Signs
–Wood Products and Furniture (not including raw paper pulp)
vv. Manufacturing, Custom, or Prototypes or Accessory Manufacturing in Combination with Principal Research and Development
ww. Membership Club Meeting and Non-Commercial Recreational Facilities, provided that an “After Hours Club”, “uses listed separately in Section 306 shall only be allowed if so listed and if the requirements for that use are also met(S. 402)
xx. Mineral Extraction limited to coal, and not involving on-site mechanical processing facilities (S. 402)
yy. Nature Preserve or Environmental Education Center
zz. Nursing Home or Personal Care Home / Assisted Living (S. 402)
aaa. Office (may include medical labs, see also Home Occupation) (S. 403)
bbb. Outdoor Storage and Display as accessory to a business use shall also comply with Sections 402, 803 and 804
ccc. Package Delivery Services Distribution Center
ddd. Parking Garage or Parking Lot (S. 603G.)
eee. Pawn Shop
fff. Personal Services (includes tailoring, custom dressmaking, haircutting / styling, travel agency, drycleaning, shoe repair, “massage therapy, certified” and closely similar uses) (see also Home Occupation)
ggg. Photo Processing, Bulk
hhh. Picnic Grove, Commercial (S. 402)
iii. Place of Worship (includes Church) (S. 402)
jjj. Printing or Bookbinding
kkk. Recording Studio, Music
lll. Recreation, Commercial Indoor (includes bowling alley, roller or ice skating rink, batting practice, and closely similar uses); other than uses listed separately in Section 306
mmm. Recreation, Commercial Outdoor (including miniature golf course, golf driving range, archery, paintball and closely similar uses); other than uses listed separately in Section 306 (S. 402)
nnn. Recreational Vehicle Park, which may include an accessory camp store that is primarily for use by campers (S. 402)
ooo. Recycling Center, Bulk Processing, provided all operations of an industrial scale occur within an enclosed building (this does not include a solid waste disposal or transfer facility) (S. 402)
ppp. Repair Service, Household Appliance
qqq. Research and Development, Engineering or Testing Facility or Laboratory (other than medical laboratories, which is considered an office use)
rrr. Restaurant or Banquet Hall (S. 402):
–with drive-through service (S. 403)
–without drive-through service
sss. Retail Store (not including uses listed individually in Section 306) or Shopping Center, and which may include a building occupied by multiple retail stores and which may include drive-through service for a pharmacy
ttt. Sawmill/Planing Mill
uuu. School, Private, Primary or Secondary (S. 402)
vvv. Self-Storage Development (S. 402)
www. Single Family Detached Dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of Section 402)
xxx. Solar Energy Collection and Processing
yyy. Stable, Non-Household, includes horse-riding academy) (S. 402)
zzz. Swimming Pool, Non-Household (S. 402)
aaaa. Target Range, Firearms Completely indoor and enclosed (S. 402)
bbbb. Tavern which may include a State-licensed micro-brewery (not including an After Hours Club or Nightclub)
cccc. Theater, Indoor Movie, other than an Adult Use
dddd. Trade/Hobby School
eeee. U.S. Postal Service Facility, which may include a leased facility
ffff. Veterinarian Office (S. 402)
gggg. Warehousing or Storage as an on-site accessory use
hhhh. Welding
iiii. Wholesale Sales (other than Motor Vehicles)
jjjj. Wind Turbine, maximum of one on a lot that is designed primarily for on-site electricity use, and which meets the requirements for an Accessory Wind Turbine in Section 403
kkkk. Accessory uses permitted by right (S. 103.A. and 307.C.)
2. Special Exception Uses.
a Adaptive Reuse of a Former School, Place of Worship or Industrial Building in compliance with Section 402
b. Commercial Communications Tower (S. 402)
d. Hunting Grounds, Commercial
e. Kennel, Commercial (S. 402)
f. Manufacture and/or bulk processing of Fabricated Metal Products, provided manufacturing occurs only indoors, and/or Machine Shops, but with manufacture of the following being prohibited: Explosives, Fireworks or Ammunition
g. Manufactured/Mobile Home Park (S. 402)
h. Nightclub
i. Off-Road Vehicle Parks (S. 402), which shall include uses operating as a “club” or a business
j. Sewage Treatment Plant for centralized service
k. Target Range, Firearms – Other than above (S. 402)
l. Tattoo or Body Piercing Establishment (other than temporary tattoos or ear piercing, which are uses)
3. Dimensional Requirements.
a. Minimum lot area
10,000 square feet, except 43,560 if the lot is not served by public water and sewage services. See Note E in Section 307.A.
b. Minimum lot width 75 feet, except 150 feet if the lot is not served by public water and sewage services.
c. Minimum front yard setback shall be 35 feet. See Note D in Section 307.A.
d. Minimum rear yard setback shall be 25 feet. See Note ** in Section 307.A.
e. Minimum side yard setback for each shall be 25 feet.See Note ** in Section 307.A.
f. If a lawful lot that existed prior to the adoption date of this Ordinance has a nonconforming lot width, then the minimum side yards for principal and accessory structures may be reduced as follows:
· lot width is 30 feet or less, both side yard setbacks-0 feet
· lot width is greater than 30 feet and up to and
including 50 feet,
both setbacks-
3 feet.
· lot width is greater than 50 feet, both side yard setbacks- 5 feet.
g. Maximum percent building coverage-60 percent. See Note F in Section 307.A.
h. Maximum percent impervious coverage-90 percent. See Note F in Section 307.A.
j. Accessory Structure Side and Rear Setbacks -25 feet See Section 307.C.
306.L. C-4 Regional Highway Commercial District.
b. Amusement Park or Water Park
c. Animal Cemetery (S. 402)
d. Assembly or Finishing of Products Using Materials Produced Elsewhere (such as products from plastics manufactured off-site)
e. Auditorium (Commercial), Arena, Performing Arts Center or Exhibition-Trade Show Center
f. Auto Repair Garage or Auto Service Station (S. 402)
g. Auto, Boat or Mobile/Manufactured Home Sales (S. 402)
h. Bakery, Retail
i. Bed and Breakfast Inn (S. 402)
j. Beverage Distributor (wholesale and/or retail)
k. Building Supplies and Building Materials, Wholesale Sales of
l. Bus Maintenance or Storage Yard
m. Business Service Use (such as package delivery drop-off)
n. Car Wash (S. 402)
o. Catering, Custom, for Off-Site Consumption
p. Cemetery (see Crematorium listed separately) (S. 402)
q. College or University - Educational and Support Buildings (other than environmental education center or residential uses)
r. Community Center (limited to a government-sponsored or non-profit facility) or Library
s. Conference Center
t. Construction Company or Tradesperson’s Headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as Home Occupation. Accessory outdoor storage shall be permitted provided it meets the screening requirements of Section 803
u. Conversion of an Existing Building to Result in an Increased Number of Dwelling Units (S. 402)
v. Crafts or Artisan’s Studio (see also as Home Occupation)
w. Cultural Center or Museum
x. Custom Printing, Copying, Faxing, Mailing or Courier Service
y. Day Care Center, Adult (S. 402) or Day Care Center, Child (S. 402) (see also as an accessory use) (S. 403)
z. Day Care Center accessory to and on the same lot as an existing lawful Place of Worship
aa. Day Care as accessory to a dwelling: (S. 403)
-Family Day Care Home
-Group Day Care Home
bb. Emergency Services Station, which may include an Accessory Banquet Hall
cc. Exercise Club
dd. Financial Institution (includes banks), (S. 402) with any “Drive-through” facilities meeting Section 403
ee. Flea Market/Auction House
ff. Forestry (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
gg. Funeral Home
hh. Garden Center, Retail (see also “Wholesale Greenhouses”)
ii. Gas or Oil Well (S. 402)
jj. Groundwater or Spring Water withdrawal averaging less than 100,000 gallons per day, (which shall not by itself require a zoning permit unless new or expanded buildings or structures are involved) (S. 402)
kk. Groundwater or Spring Water withdrawal facility averaging more than 100,000 gallons per day, which may involve loading and trucking (S. 402)
ll. Group Home within a lawful existing dwelling unit, not including a Treatment Center (S. 402)
mm. Home Occupation, Major or Minor (S. 403)
nn. Hospital or Surgery Center
oo. Hotel/Motel (S. 402)
pp. Industrial Equipment Sales, Rental and Service, other than vehicles primarily intended to be operated on public streets
qq. Laundromat
rr. Laundry, Commercial or Industrial
ss. Lumber Yard
tt. Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors:
–Apparel, Textiles, Shoes and Apparel Accessories (see also Crafts Studio)
–Electrical Equipment, Appliances and Components
–Jewelry and Silverware
–Medical Equipment and Supplies
–Scientific, Electronic and Other Precision Instruments
–Sporting Goods, Toys, Games, Musical Instruments or Signs
–Wood Products and Furniture (not including raw paper pulp)
uu. Manufacturing, Custom, or Prototypes or Accessory Manufacturing in Combination with Principal Research and Development
vv. Membership Club Meeting and Non-Commercial Recreational Facilities, provided that an “After Hours Club”, “uses listed separately in Section 306 shall only be allowed if so listed and if the requirements for that use are also met(S. 402)
ww. Mineral Extraction limited to coal, and not involving on-site mechanical processing facilities (S. 402)
xx. Nature Preserve or Environmental Education Center
yy. Nursing Home or Personal Care Home/Assisted Living (S. 402)
zz. Office (may include medical labs, see also Home Occupation) (S. 403)
aaa. Outdoor Storage and Display as accessory to a business use shall also comply with Sections 402, 803 and 804
bbb. Package Delivery Services Distribution Center
ccc. Parking Garage or Parking Lot (S. 603G.)
ddd. Pawn Shop
eee. Personal Services (includes tailoring, custom dressmaking, haircutting/styling, travel agency, drycleaning, shoe repair, “massage therapy, certified” and closely similar uses) (see also Home Occupation)
fff. Photo Processing, Bulk
ggg. Picnic Grove, Commercial (S. 402)
hhh. Place of Worship (includes Church) (S. 402)
iii. Printing or Bookbinding
jjj. Recording Studio, Music
kkk. Recreational, Commercial Indoor (includes bowling alley, roller or ice skating rink, batting practice, and closely similar uses); other than uses listed separately in Section 306
lll. Recreational, Commercial Outdoor (including miniature golf course, golf driving range, archery, paintball and closely similar uses); other than uses listed separately in Section 306 (S. 402)
mmm. Recreational Vehicle Park, which may include an accessory camp store that is primarily for use by campers (S. 402)
nnn. Recycling Center, Bulk Processing, provided all operations of an industrial scale occur within an enclosed building (this does not include a solid waste disposal or transfer facility) (S. 402)
ooo. Repair Service, Household Appliance
ppp. Research and Development, Engineering or Testing Facility or Laboratory (other than medical laboratories, which is considered an office use)
qqq. Restaurant or Banquet Hall (S. 402):
–with drive-through service (S. 403)
–without drive-through service
rrr. Retail Store (not including uses listed individually in Section 306) or Shopping Center, and which may include a building occupied by multiple retail stores and which may include drive-through service for a pharmacy
sss. Sawmill/Planing Mill
ttt. School, Private, Primary or Secondary (S. 402)
uuu. Self-Storage Development (S. 402)
vvv. Single Family Detached Dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of Section 402)
www. Solar Energy Collection and Processing
xxx. Stable, Non-Household; includes horse-riding academy) (S. 402)
yyy. Swimming Pool, Non-Household (S. 402)
zzz. Target Range, Firearms-Completely indoor and enclosed (S. 402)
aaaa. Tavern which may include a State-licensed micro-brewery (not including an After Hours Club or Nightclub)
bbbb. Theater, Indoor Movie, other than an Adult Use
cccc. Trade/Hobby School
dddd. U.S. Postal Service Facility, which may include a leased facility
eeee. Veterinarian Office (S. 402)
ffff. Warehousing or Storage as an on-site accessory use
gggg. Welding
hhhh. Wholesale Sales (other than Motor Vehicles)
iiii. Wind Turbine, maximum of one on a lot that is designed primarily for on-site electricity use, and which meets the requirements for an Accessory Wind Turbine in Section 403
jjjj. Accessory uses permitted by right (S. 103.A. and 307.C.)
2. Special Exception Uses.
a. Adaptive Reuse of a Former School, Place of Worship or Industrial Building in compliance with Section 402
c. After Hours Club to the extent the use is not prohibited by State Act 219 of 1990
(S. 402)
d. Betting Use, other than small games of chance and lotteries allowed under State law
e. BYOB Club
f. Commercial Communications Tower (S. 402)
h. Hunting Grounds, Commercial
i. Kennel, Commercial (S. 402)
j. Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors Fabricated Metal Products (except Explosives, Fireworks or Ammunition) and/or Machine Shops
k. Nightclub
l. Off-Road Vehicle Parks, which shall include uses operating as a “club” or a business (S. 402)
m. Sewage Treatment Plant for centralized service
n. Target Range, Firearms Outdoor (S. 402)
o. Tattoo or Body Piercing Establishment (other than temporary tattoos or ear piercing, which are uses)
3. Dimensional Requirements.
a. Minimum lot area
10,000 square feet except 43,560 if the lot is not served by public water and public sewage services. See Note E in Section 307.A.
b. Minimum lot width measured at minimum building setback line shall be 75 feet, except 150 feet if the lot is not served by public water and sewage services.
c. Minimum front yard setback shall be 35 feet. See Note D in Section 307.A.
d. Minimum rear yard setback shall be 25 feet. See Note ** in Section 307.A.
e. Minimum side yard setback for each shall be 25
feet.
See Note ** in Section 307.A.
f. If a lawful lot that existed prior to the adoption date of this Ordinance has a nonconforming lot width, then the minimum side yards for principal and accessory structures may be reduced as follows:
· lot width is 30 feet or less, both side yard setbacks-0 feet
· lot width is greater than 30 feet and up to and
including 50 feet,
both setbacks-
3 feet.
· lot width is greater than 50 feet, both side yard setbacks- 5 feet.
g. Maximum percent building coverage-60 percent. See Note F in Section 307.A.
h. Maximum percent impervious coverage-90 percent. See Note F, in Section 307.A.
j. Accessory Setbacks. See Section 307.C.
306.M. I-C Industrial-Commercial District.
b. Amusement Park or Water Park
c. Animal Cemetery (S. 402)
d. Assembly or Finishing of Products Using Materials Produced Elsewhere (such as products from plastics manufactured off-site)
e. Auditorium (Commercial), Arena, Performing Arts Center or Exhibition-Trade Show Center
f. Auto Repair Garage or Auto Service Station (S. 402)
g. Auto, Boat or Mobile/Manufactured Home Sales (S. 402)
h. Bakery, Retail
i. Bed and Breakfast Inn (S. 402)
j. Beverage Distributor (wholesale and/or retail)
k. Building Supplies and Building Materials, Wholesale Sales of
l. Bus Maintenance or Storage Yard
m. Business Service Use (such as package delivery drop-off)
n. Camp (S. 402) other than Recreational Vehicle Park
o. Car Wash (S. 402)
p. Catering, Custom, for Off-Site Consumption
q. Cemetery (see Crematorium listed separately) (S. 402)
r. Coal Gasification and/or Liquefaction Facility, which may involve fertilizer production and electricity production
s. College or University - Educational and Support Buildings (other than environmental education center or residential uses)
t. Commercial Communication Tower (S. 402)
u. Community Center (limited to a government-sponsored or non-profit facility) or Library
v. Conference Center
w. Construction Company or Tradesperson’s Headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as Home Occupation. Accessory outdoor storage shall be permitted provided it meets the screening requirements of Section 803
x. Crafts or Artisan’s Studio (see also as Home Occupation)
y. Cultural Center or Museum
z. Custom Printing, Copying, Faxing, Mailing or Courier Service
aa. Day Care Center, Adult (S. 402) or Day Care Center, Child (S. accessory use)
bb. Day Care Center accessory to and on the same lot as an existing lawful Place of Worship
cc. Day Care as accessory to a dwelling (S. 403)
-Family Day Care Home
-Group Day Care Home
dd. Distribution as a principal use (see also Trucking Company Terminal)
ee. Emergency Services Station, which may include an Accessory Banquet Hall
ff. Exercise Club
gg. Financial Institution (includes banks), with any “Drive-through” facilities meeting Section 403
hh. Flea Market / Auction House
ii. Forestry (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
jj. Funeral Home
kk. Garden Center, Retail (see also “Wholesale Greenhouses”)
ll. Gas or Oil Well (S. 402)
mm. Groundwater or Spring Water withdrawal averaging less than 100,000 gallons per day, (which shall not by itself require a zoning permit unless new or expanded buildings or structures are involved) (S. 402)
nn. Groundwater or Spring Water withdrawal facility averaging more than 100,000 gallons per day, which may involve loading, trucking and bottling (S. 402)
oo. Group Home within a lawful existing dwelling unit (S. 402), not including a Treatment Center
pp. Helipad, Heliport (S. 402)
qq. Home Occupation, Major or Minor (S. 403)
rr. Hospital or Surgery Center
ss. Hotel/Motel (S. 402)
tt. Industrial Equipment Sales, Rental and Service, other than vehicles primarily intended to be operated on public streets
uu. Laundromat or Laundry, Commercial or Industrial
vv. Livestock or Poultry, Raising of-Intensive (S. 402).. Livestock or Poultry, Raising of Non-Intensive (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
ww. Lumber Yard
xx. Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors:
-Apparel, Textiles, Shoes and Apparel Accessories (see also Crafts Studio)
-Ceramics Products (other than Crafts Studio)
-Clay, Brick, Tile and Refractory Products
-Computers and Electronic and Microelectronic Products
-Electrical Equipment, Appliances and Components
-Ethanol Manufacturing and/or Bulk Storage and provided a 500 feet setback is required from such manufacturing or storage facilities from an R-2 or R-3 district and provided bulk storage shall not be allowed without manufacturing
-Fabricated Metal Products (except Explosives, Fireworks or Ammunition) and/or Machine Shops
-Food and Beverage Manufacturing and Processing (S. 402)
-Gaskets
-Glass and Glass Products (other than Crafts Studio)
-Jewelry and Silverware
-Leather and Allied Products (other than Crafts Studio or Tannery)
-Machinery
-Manufactured or Modular Housing Manufacture
-Medical Equipment and Supplies
-Paper and Paper Products (including recycling, but not including manufacture of raw paper pulp)
-Pharmaceuticals and Medicines
-Plastics, Polymers, Resins, Vinyl, Coatings, Cleaning Compounds, Soaps, Adhesives, Sealants, Printing Ink or Photographic Film
-Products from Previously Manufactured Materials, such as glass, leather, plastics, cellophane, textiles, rubber or synthetic rubber
-Scientific, Electronic and Other Precision Instruments
-Sporting Goods, Toys, Games, Musical Instruments or Signs
-Transportation Equipment
-Wood Products and Furniture (not including raw paper pulp)
yy. Manufacturing, Custom, of Prototypes or Accessory Manufacturing in Combination with Principal Research and Development
zz. Membership Club Meeting and Non-Commercial Recreational Facilities, provided that an “After Hours Club”, “uses listed separately in Section 306 shall only be allowed if so listed and if the requirements for that use are also met (S. 402)
aaa. Mineral Extraction (S. 402) limited to coal. See other types under special exception uses.
bbb. Nature Preserve or Environmental Education Center
ccc. Nursing Home or Personal Care Home / Assisted Living (S. 402)
ddd. Office (may include medical labs, see also Home Occupation) (S. 402)
eee. Outdoor Storage and Display as accessory to a business use shall also comply with Sections 402, 803 and 804
fff. Package Delivery Services Distribution Center
ggg. Packaging
hhh. Parking Garage or Parking Lot (S. 603G.)
iii. Personal Services (includes tailoring, custom dressmaking, haircutting / styling, travel agency, drycleaning, shoe repair, “massage therapy, certified” and closely similar uses) (see also Home Occupation)
jjj. Photo Processing, Bulk
kkk. Picnic Grove, Commercial (S. 402)
lll. Place of Worship (S. 402) (includes Church)
mmm. Printing or Bookbinding
nnn. Recording Studio, Music
ooo. Recreational, Commercial Indoor (includes bowling alley, roller or ice skating rink, batting practice, and closely similar uses)
ppp. Recreational Commercial Outdoor (including miniature golf course, golf driving range, archery, paintball and closely similar uses); other than uses listed separately in Section 306 (S. 402)
qqq. Recreational Vehicle Park, which may include an accessory camp store that is primarily for use by campers (S. 402)
rrr. Recycling Center, Bulk Processing, provided all operations of an industrial scale occur within an enclosed building (this does not include a solid waste disposal or transfer facility) (S. 402)
sss. Renewable Energy Facility, also see Solar Energy, Wind Turbines and other renewable energy uses listed separately (S. 402)
ttt. Repair Service, Household Appliance
uuu. Research and Development, Engineering or Testing Facility or Laboratory (other than medical laboratories, which is considered an office use)
vvv. Restaurant or Banquet Hall (S. 402), which may include drive-through service (S. 403)
www. Retail Store (not including uses listed individually in Section 306) or Shopping Center, and which may include a building occupied by multiple retail stores and which may include drive-through service for a pharmacy
xxx. Sawmill/Planing Mill
yyy. School, Public or Private, Primary or Secondary (S. 402)
zzz. Self-Storage Development (S. 402)
aaaa. Solar Energy Collection and Processing
bbbb. Stable, Non-Household; includes horse-riding academy) (S. 402)
cccc. Swimming Pool, Non-Household (S. 402)
dddd. Target Range, Firearms Completely indoor and enclosed (S. 402)
eeee. Tavern which may include a State-licensed micro-brewery (not including an After Hours Club or Nightclub)
ffff. Theater, Indoor Movie, other than an Adult Use
gggg. Trade/Hobby School
hhhh. Trucking Company Terminal (S. 402)
iiii. U.S. Postal Service Facility, which may include a leased facility
jjjj. Veterinarian Office (S. 402)
kkk. Warehousing or Storage as a principal use or accessory use
llll. Welding
mmmm. Wholesale Sales (other than Motor Vehicles)
nnnn. Wind Turbine, with unlimited number on a lot that are designed primarily for on-site electricity use, and which meets the requirements for an Accessory Wind Turbine in Section 403
oooo. Wind Turbine(s), other than is allowed as an accessory use in Section 402
ppppp. Accessory uses permitted by right (S. 103.A. and 307.C.)
2. Special Exception Uses.
a. Asphalt Plant
b. Composting, Commercial
c. Crematorium
d. Hunting Grounds, Commercial
f. Liquid Fuel Storage, Bulk, for off-site distribution, other than: auto service station, retail propane distributor as listed separately, pre-packaged sales or fuel tanks for company vehicles
g. Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors:
–Agricultural Chemicals, Fertilizers or Pesticides
–Cement Manufacture
–Chemicals, Manufacture or Bulk Processing of, other than pharmaceuticals and types listed separately
–Concrete, Cement, Lime and Gypsum Products, other than actual manufacture of cement
–Explosives, Fireworks or Ammunition
–Paper Raw Pulp
–Metal Products, Primary
–Mineral Products, Non-metallic (other than Mineral Extraction)
–Paving Materials, other than bulk manufacture of asphalt
–Roofing Materials and Asphalt Saturated Materials or Natural/Synthetic Rubber
h. Mineral Extraction and related processing, stockpiling and storage of materials removed from the site and/or buildings, other than coal mining which is allowed by right. (S. 402) A Gas or Oil Well is a separate use
i. Motor Vehicle Racetrack (S. 402)
j. Municipal Solid Waste (MSW) Landfill (which may include but is not limited to a construction and demolition waste landfill), Solid Waste Transfer Facility or Waste to Energy Facility (S. 402)
k. Nightclub
l. Off-Road Vehicle Parks include uses operating as a “club” or a business (S. 402)
m. Pawn Shop
n. Petroleum Refining
o. Propane Retail Distributor, other than pre-packaged sales, with a 150 feet minimum setback required between any storage or dispensing facilities and any residential district, and with fire company review
p. Sewage Treatment Plant for centralized service
q. Slaughterhouse, Stockyard or Tannery, with a 400 feet minimum setback from all lot lines
r. Treatment Center (S. 402)
3. Dimensional Requirements.
a. Minimum lot area
43,560 sq. ft. without public/central water and without public/central sewage
35,000 sq. ft. with public/central water or with public/central sewage,
10,000 sq. ft. with public/central water and with public/central sewage.
See Note E, in Section 307.A.
b. Minimum lot width measured at minimum building setback line shall be 150 feet, except 75 feet with public/central water and sewage services.
c. Minimum setback line shall be 10 feet, except 20 feet if a residential district is across the street. See Note D, in Section 307.A.
d. Minimum setback shall be 20 feet. See Notes ** and A in Section 307.A.
e. Minimum side yard setback for each side shall be 15 feet. See Notes ** and A in Section 307.A.
f. Maximum percent building coverage shall be 60 percent. See Note F, in Section 307.A.
g. Maximum percent impervious coverage shall be 90 percent. See Note F, in Section 307.A.
i. Accessory Setbacks. See Section 307.C.
306.N. CM Conservation Mining District.
a. Additional Business uses on a Farm (S.403)
c. Agricultural buildings
d. Animal Cemetery (S. 402)
e. Assembly or Finishing of Products Using Materials Produced Elsewhere (such as products from plastics manufactured off-site)
f. Auditorium (Commercial), Arena, Performing Arts Center or Exhibition-Trade Show Center
g. Bed and Breakfast Inn (S. 402)
h. Camp other than Recreational Vehicle Park (S. 402)
i. Cemetery (see Crematorium listed separately) (S. 402)
j. Coal Gasification and/or Liquefaction Facility, which may involve fertilizer production and electricity generation
k. College or University - Educational and Support Buildings (other than environmental education center or residential uses)
l. Community Center (limited to a government-sponsored or non-profit facility) or Library
m. Crop Farming (which shall not by itself require a zoning permit unless new or expanded buildings are involved) and Wholesale Greenhouses
n. Cultural Center or Museum
o. Day Care Center accessory to and on the same lot as an existing lawful Place of Worship
p. Day Care as accessory to a dwelling: (S. 403)
–Family Day Care Home
–Group Day Care Home
q. Emergency Services Station, which may include an Accessory Banquet Hall
r. Ethanol Manufacturing and/or Bulk Storage and provided a 500 feet setback is required from such manufacturing or storage facilities from an R-2 or R-3 district and provided bulk storage shall not be allowed without manufacturing
s. Forestry (which shall not by itself require a zoning permit unless new or expanded buildings are involved)
t. Garden Center, Retail (see also “Wholesale Greenhouses”)
u. Gas or Oil Well (S. 402)
v Groundwater or Spring Water withdrawal averaging less than 100,000 gallons per day, (which shall not by itself require a zoning permit unless new or expanded buildings or structures are involved) (S. 402)
w. Groundwater or Spring Water withdrawal facility averaging more than 100,000 gallons per day, which may involve loading and trucking. (S. 402)
x. Group Home within a lawful existing dwelling unit , not including a Treatment Center(S. 402)
y. Home Occupation, Major or Minor (S. 403)
z. Manufacture and/or bulk processing of Agricultural Chemicals, Fertilizers or Pesticides, provided manufacturing occurs only indoors
aa. Manufacturing, Custom, of Prototypes or Accessory Manufacturing in Combination with Principal Research and Development
bb. Membership Club Meeting and Non-Commercial Recreational Facilities, provided that an “After Hours Club”, “uses listed separately in Section 306 shall only be allowed if so listed and if the requirements for that use are also met (S. 402)
cc. Mineral Extraction and related processing, stockpiling and storage of materials removed from the site and/or buildings (S. 402) (Note - A Gas or Oil Well is a separate use.)
dd. Nature Preserve or Environmental Education Center
ee. Office (may include medical labs; see also Home Occupation)
ff. Outdoor Storage and Display as accessory to a business use, which shall also comply with Sections 402, 803 and 804
hh. Picnic Grove, Commercial (S. 402)
ii. Place of Worship (includes Church) (S. 402)
jj. Recreational Vehicle Park (S. 402), which may include an accessory camp store that is primarily for use by campers
kk. Renewable Energy Facility-also see Solar Energy, Wind Turbines and other uses renewable energy uses listed separately (S. 402)
ll. Sawmill/Planing Mill
mm. School, Private, Primary or Secondary (S. 402)
nn. Single Family Detached Dwelling (Note: Manufactured / mobile homes shall meet the additional requirements of Section 402)
oo. Solar Energy Collection and Processing
pp. Stable, Household or Non-Household (S. 402); includes horse-riding academy)
qq. Swimming Pool, Non-Household (S. 402)
rr. Target Range, Firearms (S. 402) completely indoor and enclosed
ss. U.S. Postal Service Facility, which may include a leased facility
tt. Veterinarian Office (S. 402)
uu. Warehousing or Storage as an on-site accessory use
vv. Wind Turbine(s), other than is allowed as an accessory use in Sections 402 and 403
ww. Wind Turbine, maximum of one on a lot that is designed primarily for on-site electricity use, and which meets the requirements for an Accessory Wind Turbine in Section 403
xx. Accessory uses permitted by right (S. 103.A. and 307.C.)
2. Special Exception Uses.
a. Adaptive Reuse of a Former School, Place of Worship or Industrial Building in compliance with Section 402
b. Airport (Private), Airport (Public), Heliport (S. 402)
c. Asphalt Plant
d. Car Wash (S. 402)
e. Commercial Communications Tower (S. 402)
f. Composting, Commercial
g. Crematorium
h. Hotel or Motel (S. 402)
i. Hunting Grounds, Commercial
k. Kennel, Commercial (S. 402)
l. Manufacture and/or bulk processing of cement provided manufacturing occurs only indoors
m. Municipal Solid Waste (MSW) Landfill (which may include but is not limited to a construction and demolition waste landfill), Solid Waste Transfer Facility or Waste to Energy Facility, (S. 402)
n. Nursing Home or Personal Care Home/Assisted Living, provided the use is served by public sewage service that is owned and/or operated by a Municipality or Authority.
o. Off-Road Vehicle Parks, which shall include uses operating as a “club” or a business (S. 402)
p. Recreation, Commercial Outdoor (including miniature golf course, golf driving range, archery, paintball and closely similar uses); other than uses listed separately in Section 306 (S. 402)
q. Sewage Treatment Plant for centralized service
r. Target Range, Firearms, either indoors or outdoors (S. 402)
3. Dimensional Requirements.
a. Minimum lot area for single family detached dwellings shall be:
43,560 square feet without public sewage and without public water service.
35,000 square feet with public sewage or public water service.
10,000 square feet with public sewage and public water services.
b. Minimum lot width:
150 feet-without public sewage and without public water service
125 feet-with public sewage or public water service
75 feet-with public sewage and public water services
c. Minimum front yard setback for principal structure-25 feet.
See Note D, in Section 307.A.
d. Minimum rear yard setback for principal structure-25 feet.
See Note ** in Section 307.A.
e. Minimum side yard setback: for principal structure-10 feet.
f. If a lawful lot that existed prior to the adoption date of this Ordinance has a nonconforming lot width, then the minimum side yards for principal and accessory structures may be reduced as follows:
· lot width is 30 feet or less, both side yard setbacks-0 feet
·
lot width is greater than 30 feet and
up to and including 50 feet,
both setbacks-
3 feet.
· lot width is greater than 50 feet, both setbacks- 5 feet.
g. Maximum
percent building coverage shall be 25 percent
for all uses.
See Note F in Section 307.A.
h. Maximum
percent impervious coverage shall be 50
percent for all uses.
See Note F in Section 307.A.
j. Accessory Structure Side and Rear Setbacks-3 feet. See Section 307.C.
307. ADDITIONAL USE AND DIMENSIONAL REQUIREMENTS.
A. Notes. The following notes apply to Section 306.
** =The following exceptions shall apply:
For uses, see Section 307.C.
Structures shall not obstruct minimum sight clearance at intersections.
Corner lot setbacks, see Section 803.B.
Extension of nonconforming setbacks, see Section 805
Permitted reductions in setbacks to reflect average setbacks of buildings, see Section 803.
(Note A) = Except 15 feet side and 30 feet rear for a principal business from a lot in a residential district that is occupied by a principal dwelling. Such side or rear yard shall be increased to 70 feet for any building area or land area used for manufacturing or a tractor-trailer truck loading dock from such a lot.
(Note B) = If an existing rear or side alley is available or could be feasibly extended, it shall be used for access to parking spaces for the lot instead of a front yard driveway. If 2 or more side-by-side off-street parking spaces are located in the townhouse or if garage door(s) for 2 or more vehicles face onto the street in the front of the townhouse, then the minimum building width per dwelling along such street shall be a minimum of 24 feet. A maximum of 60 percent of the land area between the front of each townhouse or semi-detached dwelling and the street right-of-way line shall be used for vehicle parking and driveways.
(Note C) = The average density is based upon gross acreage. The average density provisions are intended to allow flexibility in the placement of individual dwelling units, regardless of whether the homes are condominium or fee-simple, and regardless of whether public streets, private streets or parking courts are used. No minimum lot area applies for each individual dwelling unit, provided that the overall density requirements are met. Each twin and dwelling unit shall still be able to meet the minimum front yard, rear yard and lot width as if each dwelling was on its own fee simple lot.
– The minimum average lot area per dwelling unit establishes the maximum number of units permitted on a tract of land. The total lot area of the tract prior to development is used. The area occupied by existing street right-of-way of existing streets and alleys is then deleted. The following areas are not required to be deleted from the lot area: right-of-way of proposed streets and parking courts, common open space and stormwater detention basins. The resulting lot area is then divided by the average lot area per dwelling unit to result in the maximum number of dwelling units allowed on the tract.
– See also the applicable standards in Section 402, which may require common open space for townhouses and apartments.
(Note D) = Setbacks shall be measured from the existing street right-of-way. 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.
(Note E) = See natural feature regulations in Section 308. If any lot is not served by both public water service and public sewage service, then a minimum lot area of one acre shall apply, unless a more restrictive requirement is stated, and where dwellings are allowed, the lot shall not include more than one dwelling unit.
(Note F) = For townhouses and semi-detached dwellings, the maximum building and impervious coverage requirements may be met as an average across a tract after development, as opposed to regulating each individual lot.
(Note G) = The minimum average lot area per apartment dwelling shall be reduced to 2,000 square feet if a dwelling units, and each dwelling unit will be restricted to occupancy by at least one person age 62 or older or a person with physical disabilities, and there is no occupancy by any person under age 18 years old.
Abbreviations: sq. ft. = square feet; min. = minimum; max. = maximum; ft. = feet
B. Height. Except as provided in subsection “4.” below, or as specified otherwise in this Ordinance for a particular use, the following maximum structure height shall apply in all zoning districts:
1. A vehicle garage placed on a separate lot without a principal use on that lot or any structure that is accessory to a dwelling on a lot of less than 2 acres shall have a maximum height of 25 feet.
2. In the C-1, C-3, C-4, I-C and CM districts, a maximum building height of 100 feet shall apply, provided that no portion of a building shall exceed a maximum height of 50 feet if it is within 80 feet of the lot line of an existing principal dwelling in a residential district.
3. The maximum structure shall be 40 feet.
4. The maximum building or structure height specified for each district shall not apply to: antennas that meet the requirements of this Ordinance, water towers, clock or bell towers, steeples and religious symbols attached to places of worship, flag poles, electrical transmission lines, elevator shafts, skylights, cupolas, domes, chimneys, outdoor wood burners, mineral extraction structures, utility poles and towers, heating/ventilation/air conditional equipment, smokestacks, monuments, industrial mechanical equipment areas that are not occupied by humans, amusement parks, agricultural buildings and silos or other agricultural appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy.
a. Commercial communications towers may exceed the maximum height as provided in Sections 306 and 402.
b. Wind turbines and related testing towers may exceed the maximum height as provided in Sections 306, 402 and 403.
c. Solar energy collection devices may extend a maximum of 15 feet above the maximum height, including above buildings and signs. Solar energy panels may be placed over vehicle parking areas without the panels being regulated by setbacks or coverage limitations.
5. See also definition of “Building Height” and "Height" in Section 202.
C. Accessory Structures and Uses.
1. Accessory structures and uses shall meet the minimum setbacks as provided in Section 306, unless otherwise provided for in this Ordinance.
2. The minimum side and setback (including from an alley) for a permitted detached structure that is accessory to a dwelling shall be 3 feet, except in the following cases:
a. A 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 semi-detached dwellings). However, such structure shall still meet the minimum side yard on any lot line where the dwellings are not attached.
b. A residential deck, patio or porch that is unenclosed may extend a maximum of 15 feet into the required rear setback. Such deck, patio or porch may be covered by a roof or awning. See Note D in 307.A considering setbacks.
c. See Section 403 for swimming pools.
3. No accessory building and no in-ground swimming pool shall be allowed in the minimum front yard.
4. A vehicle garage may be placed on a separate lot in all districts without a principal use on that lot, provided the garage is only used for household storage and vehicle parking. For height of garage see Section 307.B. This subsection 4, shall only allow a garage on a lot that does not have a principal use if the garage has its only vehicle access onto an alley with a right-of-way width of 20 feet or less.
5. See also the provisions in various districts that allow smaller nonconforming lots.
D. Maximum Building Setback. In the C-1 district, the maximum front yard building setback for a new principal building shall be 30 feet from the street right-of-way that will exist after the completion of the development. This maximum front yard setback may be met with an attached roofed front, outdoor café area or part or all of the principal building.
E. Appalachian Trail Setback. A 300 feet minimum building setback shall apply from each side from the centerline of the Trail. This provision shall not apply to shelters for hikers that are authorized on federally or State owned recreation lands.
F. Reserved.
G. Flag Lot. A lot may be allowed to meet the minimum lot width at a proposed front yard setback line instead of at the minimum front yard setback line if the flag lot.” A minimum 33 feet lot width shall be required along the street right-of-way. The “pole” portion of the flag lot shall not count towards the minimum lot area. A maximum of one flag lot shall be allowed to be created from each 15 acres of existing lot area as of the enactment date of this Ordinance. The driveway of the lot shall be located on the “pole” portion of the lot and shall connect to a public street / road. The pole portion of the lot shall not exceed a distance of 600 feet from the road. No buildings shall be allowed in the “pole” portion of the lot. A minimum front yard setback shall be measured from the point where the lot meets the minimum lot width requirement. See Section 801.A.1, which may be used in combination with one flag lot.
H. Twin Dwelling Subdivision. If 2 semi-detached (side-by-side) dwelling units exist on one lot, they may be subdivided so that one dwelling unit exists on each lot, without having to meet any dimensional requirements of this Ordinance. (Note to Applicant: See Subdivision and Land Development Ordinance regarding whether the water and sewage provider should be contacted to determine whether separate laterals will be required.)
I. Accessory Garage on Separate Lot. See Section 307.C.4.
J. Combination of Dwelling Units. Two attached dwelling units may be combined into one dwelling unit without having to meet any dimensional requirements of this Ordinance.
K. Mobile Homes as Storage. A former mobile/manufactured home shall only be used for storage if needed as part of a temporary on-site active construction project. A former mobile/manufactured home shall not be used as storage as accessory to an existing dwelling.
308. WETLANDS, LAKES, STEEP SLOPES AND WATERWAY CONSERVATION.
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 County. 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 building permit is issued after the effective date of this Ordinance and any non-man-made "wetland" that has been delineated or natural lake or pond.
C. Steep Slopes. See Section 1102.A.1. of the County Subdivision and Land Development Ordinance or applicable Subdivision and Land Development Ordinance. This section shall apply unless development is prohibited by such Ordinance. If a new principal building is proposed to be constructed or placed on an area with a natural slope of 25 percent or greater, the minimum lot size shall be increased to 2 acres, unless a larger lot size is established by another section of this Ordinance. Such 2 acre lot area shall be reduced to a minimum lot area of 30,000 square feet if the lot is served by central sewage services unless a larger lot size is required by the zoning district under Section 306. If a new lot is proposed, the applicant shall designate the maximum extent of portions of the lot where the principal building is proposed, and if it intrudes into an area of 25 percent or more slope, then the 2 acre minimum lot size shall apply. These steep slope provisions shall not apply to slopes that were clearly man-made prior to the adoption of this Section. This section shall not apply to an intrusion of less than 500 square feet into areas of 25 percent or greater slope.
D. Setback from Waterways. No new building, no new off-street parking space and no new commercial or industrial outdoor storage shall be allowed within 75 feet from the top of the primary bank of a river and 50 feet from the top of the primary bank of any other perennial creek or waterway. This section shall not apply within the TC, C-1, or R-3 districts or on land areas that were previously occupied by buildings or paving.
1. The US Geological Survey Topographic Maps shall be used to define a perennial river/ creek/ waterway.
2. Where trees and other natural vegetation are removed within this setback, it is requested that new trees and thick understory vegetation be planted that serve the same environmental purposes.
309. AGE RESTRICTED RESIDENTIAL DEVELOPMENT.
A. This section provides a density bonus for a residential development that is age restricted in compliance with the Federal requirements for "Housing for Older Persons" as specified in the United States Code. (Note: As of 2009, such provisions were in 42 U.S.C. 3607.) This provision shall not change the allowed dwelling types in the district. This option is available as a by right bonus in any zoning district where dwellings are allowed.
B. In order to be approved by the County as Age Restricted Residential Development, every dwelling unit (except one dwelling unit for one manager) on a tract of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations: 1) a minimum of one head of household of each dwelling unit shall be age 55 years or older or who is physically disabled as defined by Social Security disability regulations, and 2) no person under age 18 shall live in the dwelling unit for more than 60 days in any calendar year, unless such person has a disability as defined under Federal fair housing regulations. Any violation of such age restrictions shall be a violation of this Zoning Ordinance. In addition, in order to be approved as Age Restricted Development, the applicant shall establish an appropriate legal entity, such as a property-owner association that has the duty, authority and responsibility to enforce such age restrictions over time. If a household met this requirement at the time of initial occupancy, it shall not be required to move in case of death, divorce or separation of a resident of that same household.
C. If an entire residential development is approved under this Section 309, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 20 percent. Alternatively, where density is stated in terms of a maximum number of dwelling units per acre, the maximum density may be increased by 20 percent. The minimum side yards may also be reduced by 20 percent. An Age Restricted Residential Development shall meet all other requirements of applicable zoning and subdivision and land development ordinances, including limitations on the housing types allowed in that zoning district.
310. AGRICULTURAL NUISANCE DISCLAIMER.
A. Agricultural Nuisance Disclaimer - The following notice, or similar text pre-approved by the Borough/Township, is required to be placed on the deed of any new lot that is created within the A District and shall be disclosed to any buyer of a lot prior to a sale:
l. Agricultural Nuisance Disclaimer - Lands within the A District are located within an area where land is used for commercial agricultural production. Owners and residents may be subjected to inconveniences arising from normal agricultural operations including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, and the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, and are hereby put on official notice the Pennsylvania "Right to Farm Law" may bar them from obtaining legal recourse against such normal agricultural operations.