§ 27-301. Regulations and Standards Applicable to All Zoning Districts.  


Latest version.
  • 1. 
    Infill Development Standards. The following dimensional standards shall be used for all tract areas and lots less than one acre. The dimensional standards listed for the specific zoning districts in §§ 27-302 to 27-308 shall be used for those not listed below. Tract areas or lot areas greater than one acre in size shall use the dimensional standards listed for the specific zoning districts in §§ 27-302 to 27-308.
    [Amended by Ord. 2235, 7/8/2014; Ord. 2015-2251, 5/12/2015, § 3; Ord. 2016-2264, 6/14/2016; and by Ord. 2016-2268, 11/1/2016]
    A. 
    The applicant shall use the measurement of existing development within the subject property's block face to determine the below infill development standards, which shall be measured as follows:
    (1) 
    Build-To Line. The front build-to line shall be within the range of front built-to lines of existing buildings on the same street frontage of the block. If there are no buildings on the block, the setback shall be within the range of either of the two adjacent blocks.
    (2) 
    Lot Size. The minimum lot size, or average lot size for multi-lot projects, shall equal the median area of lots on a block face or the size of either of the two adjacent lots.
    (3) 
    Side Yard. The minimum side yard shall equal the building side yard setbacks of either of the two adjacent lots. In the Residential Infill District, in no case shall the side yard be less than 5 feet or structures be closer than 10 feet.
    [Amended by Ord. No. 2018-2294, 10/9/2018]
    (4) 
    Lot Depth. The minimum lot depth, or average lot depth for multi-lot projects, shall equal the median depth of lots on a block face. For lots that extend from a street to a street, not an alley or street functioning as an alley, on blocks that have existing lots subdivided between these streets, the lot depth shall equal half the distance between the streets.
    [Amended Ord. No. 2019-2308, 10/8/2019]
    B. 
    Residential Infill Zoning District Exception. No new building type may be introduced in a block unless the tract area is at least one acre. For example, for tracts measuring less than one acre, the "twin" residential building type cannot be constructed unless there is at least one existing twin residential building type within the block.
    [Amended by Ord. No. 2018-2294, 10/9/2018]
    2. 
    Land Uses.
    A. 
    Conditional Uses.
    (1) 
    The uses listed below are permitted by conditional use in the zoning districts as indicated below. Such uses shall comply with the applicable regulations within the underlying zoning district as well as the conditional use standards set forth in this Zoning Ordinance.
    [Amended by Ord. 2235, 7/8/2014; and by Ord. No. 2018-2294, 10/9/2018]
    Zoning District
    Conditional Uses
    RI
    TC
    MI
    NC
    CD
    MG
    I
    Adult commercial
    X
    Adult entertainment
    X
    Agricultural uses
    X
    X
    X
    Automobile sales and services
    X
    Billboard
    X
    X
    Community center
    X
    X
    X
    X
    X
    Day-care center
    X
    X
    X
    X
    X
    Day-care, home
    X
    X
    X
    Electronic message display sign
    X
    X
    Emergency management services use
    X
    X
    X
    X
    X
    X
    Entertainment hall
    X
    X
    X
    Funeral home/mortuary
    X
    X
    X
    Home/improvement center
    X
    X
    Industrial uses
    X
    Institutional uses
    X
    X
    X
    X
    Life-care housing facility
    X
    X
    X
    X
    X
    X
    X
    Marquee
    X
    Mobile home
    X
    X
    Mobile home park
    X
    X
    Parking lot
    X
    X
    X
    X
    X
    X
    Private club
    X
    X
    X
    X
    X
    X
    X
    Restaurant, drive-through
    X
    Sports complex/ recreational facility
    X
    X
    Wireless telecommunications facilities
    X
    X
    X
    X
    X
    X
    X
    (2) 
    Additional Conditional Use Standards Applicable to Specific Uses.
    (a) 
    Wireless Telecommunications Facilities.
    1) 
    Additional regulations governing wireless telecommunications facilities are set forth in Part 6, Supplemental Regulations.
    (b) 
    Billboards. Billboards shall be subject to the following provisions when permitted by conditional use:
    1) 
    Billboards are permitted upon parcels of at least 0.5 acre fronting along Nutt Road northwest of the Norfolk Southern "Devault Line" Railroad, fronting along Bridge Street east of the Norfolk Southern Railroad (former Reading Railroad) tracks, and fronting along the eastern side of North Main Street between the south side of the Norfolk Southern "Devault Line" and the French Creek.
    [Amended by Ord. 2235, 7/8/2014]
    2) 
    Billboards shall be no more than 25 feet in height above the ground, including any supporting structure elevating the signage.
    3) 
    Signage shall not exceed a maximum area of 125 square feet, including border and trim, and may be permitted to have 125 square feet each on both sides if the signage is two sides back-to-back.
    4) 
    No more than one billboard may be placed on a lot.
    5) 
    No billboard shall be erected within 200 feet of any other freestanding sign having a height in excess of 10 feet, or within 200 feet of another billboard.
    6) 
    Billboards shall be set back not less than 10 feet from the lot's boundary with the public right-of-way or street, whichever is closer to the center point of the lot, and not less than 15 feet from any neighboring lot boundary.
    7) 
    If the billboard is to have exterior lighting, a lighting plan must be submitted, reviewed and approved by the Borough Zoning Officer, and the lighting plan shall include glare-reduction devices, shielding, luminaire reflectors or other suitable measures, minimizing the intensity of lighting so that no more than 0.5 footcandle of light from signs shall fall upon any residential lot between the hours of 9:00 p.m. and 6:00 a.m., prevailing time.
    (c) 
    Mobile Home Park.
    1) 
    Minimum lot area: 10 acres.
    2) 
    Maximum density: eight units per acre.
    3) 
    Minimum building spaces: 20 feet.
    4) 
    Each mobile home shall be occupied by not more than a single-family/household.
    (d) 
    Electronic Message Display Signs. Electronic message display signs shall be permitted by right in all districts for any municipal uses. For other uses, electronic message display signs are permitted by conditional use in the districts designated above and subject to the following provisions:
    1) 
    The duration of each message shall be a minimum of five seconds.
    2) 
    The transition time between messages shall be less than one second.
    3) 
    The sign must be equipped with brightness controls so that the brightness of the sign has the ability to respond to changes in the outside light levels.
    4) 
    Except for traffic control signs, electronic message display signs are prohibited within 100 feet of a traffic control device and shall otherwise conform to all other applicable regulations with regard to freestanding or wall signs.
    5) 
    The sign shall be no more than eight feet in height, and sign area shall be no more than 10 square feet.
    6) 
    No more than one electronic message display sign shall be placed on an individual lot, and no such sign may be erected within 100 feet of any other electronic message display sign on a different lot.
    7) 
    Electronic message display signs shall be set back not more than 35 feet nor less than 10 feet from the lot's boundary with the public right-of-way or street, whichever is closer to the center point of the lot, and not less than 15 feet from any neighboring lot boundary.
    (e) 
    Private Club.
    1) 
    Minimum lot area: 20,000 square feet.
    2) 
    This use shall not be conducted as a private gainful business.
    3) 
    This use shall be for members and their authorized guests only.
    4) 
    Parking: one off-street parking space for each five members of total capacity, or at least one off-street parking space for each 50 square feet of total floor area used or intended to be used for service to customers, patrons, clients, guests, or members (whichever requires the greater number of off-street parking spaces), plus one additional space for each employee. Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
    (f) 
    Restaurant, Drive-Through. Restaurant, Drive-Through, shall be subject to the following provisions when permitted by conditional use:
    [Added by Ord. 2235, 7/8/2014]
    1) 
    There shall be no use of amplified sound between the hours of 11:00 p.m. and 6:00 a.m. Vehicles shall drive to the service window for service during these hours.
    B. 
    Special Exceptions.
    (1) 
    The uses listed below are permitted by special exception in the zoning districts as indicated below. Such uses shall comply with the applicable regulations within the underlying zoning district as well as the special exception standards as set forth in this Zoning Ordinance.
    Zoning District
    Special Exception Uses
    RI
    TC
    MI
    NC
    CD
    MG
    I
    Bed-and-breakfast/ guesthouses
    X
    X
    X
    X
    X
    X
    Cemetery
    X
    X
    X
    X
    X
    X
    X
    Home business
    X
    X
    X
    X
    X
    X
    X
    Public transportation uses
    X
    X
    X
    X
    X
    X
    X
    Public utility use
    X
    X
    X
    X
    X
    X
    X
    (2) 
    Additional Special Exception Standards Applicable to Specific Uses.
    (a) 
    Bed-and-Breakfast/Guesthouse.
    1) 
    Such use shall be accessory to and permitted only for a single-family detached residential dwelling.
    2) 
    At least one bathroom shall be provided for the first guest room, plus one bathroom for each two additional guest rooms. The living quarters for the residents shall have their own bathroom or bathrooms. Bathrooms shall be equipped with a toilet, washbasin and bath and/or shower.
    3) 
    The minimum size of the guest suite shall be no less than 120 square feet for the first two occupants, and 50 square feet shall be provided for each additional occupant. No more than five individuals shall occupy a guest suite.
    4) 
    Guests shall not remain in the same bed-and-breakfast inn for more than 14 consecutive days.
    5) 
    No external alterations, additions or changes to the exterior structure shall be permitted.
    6) 
    The use shall be conducted by members of the family of the occupant. Nonresident employees shall be limited to two in addition to the resident family members.
    7) 
    There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon tea only. All food service shall comply with federal, state and county regulations for the preparation, handling and serving of food.
    8) 
    The applicant shall have a valid County Health Department permit for the use issued within the last five years. The total number of bedrooms (resident and guest) in the bed-and-breakfast facility shall not exceed the number of bedrooms which a sewage system is or was designed to accommodate.
    9) 
    A permit issued for a bed-and-breakfast facility, after the Zoning Hearing Board approves the special exception, shall have a life of one year. The permit may be renewed annually without the necessity of a new special exception application, provided that the Zoning Officer has inspected the facility and found it to be in compliance with the provisions of this chapter and any conditions imposed by the Zoning Hearing Board in the grant of the special exception.
    10) 
    A bed-and-breakfast facility shall be considered a temporary accessory use granted to the owner. The temporary zoning permit shall expire when the property is transferred, sold or leased or when the property is no longer the primary residence of the owner or if the Zoning Officer does not renew the permit.
    11) 
    Any amenities, such as a tennis court or swimming pool, shall be solely for the use of the resident owner and the guests.
    12) 
    The resident owner(s) shall maintain a guest register, which shall list the names and addresses of all guests.
    13) 
    No bed-and-breakfast facility shall be within 300 feet of another lot used for a bed-and-breakfast facility.
    (b) 
    Home Business.
    1) 
    No more than one customer/client at a time shall be permitted to visit the home business, and no more than two outside employees may be working at the dwelling at the same time.
    2) 
    Maximum floor area devoted to the home business shall not be more than 600 square feet or 25% of the dwelling total floor area, whichever is less.
    3) 
    In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter.
    4) 
    One sign is permitted per home business, provided that it is no larger than two square feet per side and bear only the name, business and office hours of the practitioner. In addition, it shall not be illuminated or placed in a window.
    5) 
    There shall be no exterior storage of materials or refuse resulting from the operation of the home business.
    (c) 
    Public Utility Use.
    1) 
    Business offices, storage yards or storage buildings associated with a public utility use shall not be included in the RI Residential Infill District.
    2) 
    A fence, wall or landscaping shall be provided to visually screen the ground-level structures associated with this use.
    3) 
    All appropriate measures shall be taken to limit noise and lighting impacting surrounding properties.
    C. 
    Uses Permitted by Right.
    (1) 
    The uses listed below are permitted by right in the below-designated zoning districts. Such uses must specifically fall under the definition for them in the definition section of this Zoning Ordinance and may also be subject to additional permitting requirements as established by the Borough's Codes Department.
    [Amended by Ord. 2235, 7/8/2014; Ord. No. 2018-2294, 10/9/2018; and by Ord. No. 2019-2308, 10/8/2019]
    By-Right Uses
    RI
    TC
    MI
    NC
    CD
    MG
    I
    Accessory building
    X
    X
    X
    X
    X
    X
    X
    Accessory building, residential
    X
    X
    X
    X
    X
    X
    X
    Adaptive reuse
    X
    X
    X
    X
    X
    X
    X
    Auto supply store
    X
    X
    X
    Community gardens
    X
    X
    X
    X
    X
    X
    X
    Group home
    X
    X
    X
    X
    X
    X
    Health and fitness club
    X
    X
    X
    X
    X
    X
    Home occupation, no-impact
    X
    X
    X
    X
    X
    X
    Hotel/motel
    X
    X
    X
    Industrial uses
    X
    Institutional
    X
    X
    X
    X
    Municipal uses
    X
    X
    X
    X
    X
    X
    X
    Office use
    X
    X
    X
    X
    X
    X
    Outdoor market
    X
    X
    X
    X
    X
    X
    Parking garage, multilevel
    X
    X
    X
    X
    X
    Residential uses
    X
    X
    X
    X
    X
    X
    Restaurant
    X
    X
    X
    X
    X
    Retail goods and services
    X
    X
    X
    X
    X
    Self-storage
    X
    Tavern/bar
    X
    X
    X
    X
    Temporary outside display
    X
    X
    X
    X
    X
    X
    X
    Temporary structure
    X
    X
    X
    X
    X
    X
    X
    Theater and entertainment center
    X
    X
    X
    NOTES:
    *
    Uses in bold also shown on zoning district pages.
    Editor's Note: See § 27-202, Definitions.
    (2) 
    Additional By-Right Standards Applicable to Specific Uses.
    [Added Ord. No. 2019-2308, 10/8/2019]
    (a) 
    Self-storage.
    1) 
    No exterior storage shall be permitted on the premises.
    2) 
    No storage of petroleum products, explosives, firearms, volatile or flammable chemicals or any other property or material which would materially increase the hazard or likelihood of fire, explosion or other casualty shall be permitted on the premises.
    3) 
    No storage of foodstuffs, produce or other perishables shall be permitted on the premises.
    4) 
    No storage of pets or animals shall be permitted on the premises.
    5) 
    No unit shall be used for any purpose other than the exclusive use for storage as permitted.
    Editor's Note: Former Subsection C(2), Additional By-Right Standards Applicable to Specific Uses, was repealed by Ord. No. 2018-2294, 10/9/2018.
Ord. 2227, 12-10-2013