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Zoning
Part 1 General Provisions §27-101. Title §27-102. Effective Date§27-103. Purpose and Authority
§27-104. Community Development Objectives §27-105. Compliance §27-106. Interpretation of Regulations §27-107. Severability §27-108. Repeal §27-109. Proposed Use Part 2 Definitions §27-201. Interpretation §27-202. Specific Terms Part 3 District Regulations §27-301. Zoning Map §27-302. Zoning Districts §27-303. Annexed Areas §27-304. District Boundaries §27-305. Zoning District Changes
§27-306. Permitted Uses, Conditional Uses and Special Exceptions §27-307. Lot, Yard and Height Requirements
§27-308. Conditional Uses and Special Exceptions Part 4
Supplementary Regulations §27-401. Nonconforming Uses and Structures
§27-402. Existing Lots of Record
§27-403. Application of Yard Regulations §27-404. Temporary Structures
§27-405. Height Limitations §27-406. Performance Standard
§27-407. Off-Street Loading and Parking §27-408. Signs
§27-409. Steep Slope Areas §27-410. Swimming Pools
27-2 §27-413. RC Recreation District
§27-414. Individual Mobile Homes §27-415. Regulated Rental Units §27-416. Solar Energy Systems §27-417. Wind Turbines
Part 5
Administration, Enforcement and Appeals §27-501. Zoning Officer
§27-502. Duties of the Zoning Officer §27-503. Permits and Certificates §27-504. Violations
Part 6
Zoning Hearing Board §27-601. Creation
§27-602. Appointment
§27-603. Removal of Members §27-604. Organization of Board §27-605. Expenditures for Services §27-606. Legal Counsel
§27-607. Hearings
§27-608. Board’s Functions
§27-609. Parties Appellant Before Board §27-610. Time Limitations; Persons Aggrieved §27-611. Stay of Proceedings
Part 7 Amendments
§27-701. Enactment of Zoning Ordinance Amendments §27-702. Procedure for Landowner Curative Amendments §27-703. Procedure for Borough Curative Amendments §27-704. Planning Commission
Part 8
Planned Residential Development §27-801. Planned Residential Development
Zoning Map Amendments Illustrations 27-A
27-3 Part 1
General Provisions §27-101. Title.
The official title of this Chapter shall be the “Zoning Ordinance of the Borough of Edinboro.”
(Ord. 457, 1/31/1994, §101) §27-102. Effective Date.
This Chapter shall take effect on January 31, 1994. (Ord. 457, 1/31/1994, §102)
§27-103. Purpose and Authority.
This Chapter is adopted by virtue of the authority granted to the Borough under Article VI of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. §10601 et seq. The provisions of this Chapter are designed:
A. To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports and national defense facilities, the provision of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements; as well as:
B. To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
C. To be in accordance with an overall program and with consideration for the character of the municipality, its various parts and suitability of the various parts for particular uses and structures.
(Ord. 457, 1/31/1994, §103)
§27-104. Community Development Objectives.
1. The zoning regulations and districts set forth in this Chapter are made in accordance with a comprehensive plan for the general welfare of the Borough and are intended to achieve, among others, the following purposes:
A. Strive to maintain the existing small-town character and rural environment.
B. Minimize conflicts between land uses to insure land use compatibility. C. Seek to establish compatible land uses between the Borough and Washington Township.
D. Focus commercial development in the central business district to promote small-town atmosphere and establish a cohesive business community.
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E. Carefully plan for and regulate the use of remaining open space to promote the small-town/rural environment character.
F. Create a zoning district specifically to accommodate and enhance the development of Edinboro University consistent with the planning goals of the Borough.
G. Create a zone to accommodate limited business uses while retaining the existing residential character of the district.
H. Control recreational uses on certain areas of Borough-owned property near Edinboro Lake. The purpose of such regulations is to exclude uses that would be detrimental to this area.
2. These are made with reasonable consideration of, among other things, the existing character of the various areas within the Borough and their respective suitability for particular uses.
(Ord. 457, 1/31/1994, §104) §27-105. Compliance.
No structure shall be located, erected, demolished, constructed, moved, altered externally, converted, or enlarged, nor shall any structure or land be used, or be designed to be used, except in full compliance with all the provisions of this Chapter, and after the lawful issuance of all permits and certifications required by this Chapter. Except that, the Borough of Edinboro will be exempt from the provisions of this Chapter in the exercise of its municipal functions. Any use not specifically permitted is prohibited.
(Ord. 457, 1/31/1994, §105)
§27-106. Interpretation of Regulations.
Whenever the provisions of this Chapter are at variance with any other lawfully adopted rules, regulations or ordinances, the more restrictive requirements shall govern.
(Ord. 457, 1/31/1994, §106) §27-107. Severability.
Should any Section or provision of this Chapter of this Chapter be declared unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole nor the validity of any other Section or provision of the Chapter than the one declared.
(Ord. 457, 1/31/1994, §107) §27-108. Repeal.
Any resolution or ordinance, or any part of any resolution or ordinance conflicting with provisions of this Chapter is hereby repealed to the extent of such conflict. (Ord. 457, 1/31/1994, §108)
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Where any use is not specifically mentioned within any district, it shall be the duty of the Zoning Officer to determine if the use is substantially and practically identical to the listed use. If the proposed use is not substantially and practically identical to a previously identical zoning use, the Zoning Officer shall not issue a permit. In such a case, the applicant may either request an amendment to the ordinance, or appeal the decision of the Zoning Officer as the same are set forth by the Pennsylvania Municipalities Planning, 53 P.S. §10101 et seq. In considering the amendment, the Borough shall consider alternative districts for such a use and any necessary special exception or conditional use criteria.
27-7 Part 2 Definitions §27-201. Interpretation.
For the purpose of this Chapter, words used in the present tense shall include the future. The singular number shall include the plural and the plural shall include the singular. The masculine shall include the feminine and the neuter. The word “shall” is always mandatory. The word “building” includes “structure” and shall be construed as if followed by the words “or any part thereof.” The phrase “used for” includes “arranged for,” “person” includes an individual, corporation, partnership, incorporated association or any other legal entity. The word “includes” or “including” shall not limit the term to the specified example, but is intended to extend its meaning to all other instances of like kind and character. Except as defined within this Chapter, all words and phrases shall have their normal meanings and usage.
(Ord. 457, 1/31/1994, §201) §27-202. Specific Terms.
The following words and phrases shall have the meaning given in this Section. Accessory building–a subordinate building, incidental to and located on the same lot as principal building, and used for an accessory use.
Accessory use–a use incidental and subordinate to and located on the same lot occupied by the principal use to which it relates.
Adult day care services–day care services for adults providing out-of-home care for part of a 24-hour day to adults, excluding care provided by relatives.
Apartment–a part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed and used as a residence.
Apartment house–same as “dwelling, multi-family.”
Application for development–every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan. [Ord. 545]
Basement–a story or portion of a story partly below the average grade of the surrounding ground with at least one half of its height (measured from floor to ceiling) below the average grade level of the surrounding ground.
Bed and breakfast–an owner-occupied residence offering, for pay, overnight or short-term lodging and breakfast for transient guests.
Billboard–a sign indicating a business conducted somewhere other than on the premises, on which advertising matter of any character is printed, posted, or lettered by any means and is designed for such purposes. A billboard may be either freestanding or attached to a surface of a building or other structure.
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Chapter to render final adjudications. [Ord. 545]
Boarding house (commercial)–a type of residential living facility which provides food and shelter, for payment, to three or more adults who are unrelated to the provider and who require no services beyond food, shelter and other services usually found in hotel or apartment rental.
Bottle club–a place of assembly owned, maintained or leased, for pecuniary gain, in which no intoxicating beverages are sold, but where patrons are permitted to bring intoxicating liquors upon the premises for their own use and consumption. Buildable area–the area of that part of the lot not included within the open space herein required.
Buildable width–the width of that part of the lot not included within the open spaces herein required.
Building–a roofed structure, whether or not enclosed by walls, to be used for the shelter, enclosure or protection of persons, goods, materials or animals.
Building permit–authorization issued by the Building Code Official of the Borough of Edinboro to commence construction pursuant to the PA UCC. [Ord. 585] Campus–the land of Edinboro University upon which the various buildings of the institution are located. Such buildings shall consist of classrooms, libraries, dining halls, dormitories and all other buildings necessary to the successful maintenance and operation of the University.
Cellular equipment–mechanical, electrical, electronic and telecommunication apparatus and devices used in conjunction with cellular communication. This definition shall not include cellular towers supporting such equipment. [Ord. 578] Certificate of occupancy–a certificate of Building Code compliance and approved occupancy issued by the Building Code Official of the Borough of Edinboro pursuant to the Pennsylvania Uniform Construction Code, Act 45 of 1999. [Ord. 585]
Clear sight triangle–an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street corner lines.
Co-location–to attach, mount or construct communication equipment on existing structures. For example, communication equipment may be constructed on tall, commercial buildings. [Ord. 578]
Commercial recreation (indoor)–a facility which offers various indoor recreational opportunities for its patrons including such games as: pool, billiards, bowling, video games and similar pursuits.
Common open space–a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities. [Ord. 545] Communication tower–a structure designed and constructed to support communication equipment including cellular, radio, television, short wave and similar. The communication tower may be a monopole design or lattice-type construction. The tower, whether monopole or lattice-type construction may or may
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not be supported by the use of guy wires. [Ord. 578]
Conditional use–a use permitted in a particular zoning district pursuant to the provisions of this Chapter and in accordance with the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq.
Condominium–a form of ownership of space and use in a multi-family dwelling. Conversion dwelling–a large single-family home divided into two or more dwellings. [Ord. 563]
Day care facilities–for children - provides out-of-home care for part of a 24-hour day to children under 16 years of age, excluding care provided by relatives. For the purpose of this Chapter, day care facilities are divided into the following types:
Child day care center–is a facility in which care is provided for seven or more children at any one time and the child care areas are not being used as a family residence.
Family day care home–is any premise operated to profit or not for profit, in which day care is provided at any one time to four, five or six children. A family day care home may be operated from a single-family dwelling.
Group day care home–is any premises operated for profit or not for profit in which day care is provided at any one time for more than six but less than 12 children and where the child care areas are being used as a family residence.
To qualify as a day care facility, these uses must secure any needed State permits or licenses.
Decision–final adjudication of any board or other body granted jurisdiction under any land use ordinance or this Chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the Borough lies. [Ord. 545]
Determination–final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
(1) The Borough Council. (2) The Zoning Hearing Board.
(3) The Edinboro Planning Commission, only if and to the extent the Edinboro Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal. [Ord. 585] [Ord. 545]
Developer–any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. [Ord. 545]
Development plan–the provisions for development including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of
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development, streets, ways and parking facilities, common open space and public facilities. The phrase “provisions of development plan,” when used in this Chapter, shall mean the written and graphic materials referred to in this definition. [Ord. 545]
Dog kennel–the keeping of four or more dogs that are more than 6 months old, owned or unowned, for any period of time.
Domestic animals–animals that are customarily kept as household pets for personal use or enjoyment within the home. Household pets shall include domestic dogs, domestic cats, domestic tropical birds and similar animals.
Dormitory–a building used as group living quarters for students at Edinboro University.
Dwelling–a building arranged, intended, designed or used as the living quarters for one or more families living independently of each other upon the premises. The term “dwelling” shall not be deemed to include “hotel,” “motel” or “tourist home.” A dwelling may be a rooming/boarding house also, if so permitted by zoning district regulations.
Detached dwelling –a dwelling with yards on all four sides.
Multi-family dwelling–a dwelling containing three or more dwelling units, including apartment houses, apartment hotels, flats and garden apartments.
Single-family dwelling–a dwelling containing only one dwelling unit. Two-family dwelling–a dwelling containing two dwelling units.
Dwelling unit–a building or portion thereof containing one or more rooms for living purposes together with separate and exclusive cooking and sanitary facilities, accessible from the outdoors either directly or through an entrance hall shared with other dwelling units and used or intended to be used by either one family or one non-family household.
Essential services–the erection, construction, alteration or maintenance by public utilities or municipal departments, authorities or commissions of: underground gas, underground or aboveground electrical, telephone and cable television transmission or distribution systems; and, public water, public sanitary sewer and public storm sewer facilities including wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and similar equipment and accessories in connection therewith; for adequate services of the public health, safety and general welfare, but excluding office buildings, gas, telephone and electric substations, the outside storage of equipment or maintenance depots. This definition shall not apply to cellular towers and cellular equipment. [Ord. 578]
Family–a family is:
A. A single person occupying a dwelling unit and maintaining a household.
B. Two or more relatives (as defined) occupying a dwelling unit, living together and maintaining a common household, including not more than two boarders or roomers.
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occupying a dwelling unit, living together and maintaining a common household.
D. Permanent group homes for the disabled or family-like living arrangements for disabled persons. Any number of disabled persons may be treated as a “family” if they are defined as handicapped or disabled under the Fair Housing Act Amendments to the Federal Civil Rights Act. Please note: Handicapped or disabled persons shall be those who are so designated under the Fair Housing Amendment (1988) to the Federal Civil Rights Act of 1968. This definition shall not apply to any dwelling occupied as a student house as referenced and defined in this Chapter.
[Ord. 567]
Floodplain–a relatively flat or low area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source as indicated on the flood boundary and floodway map.
Floor area–the sum of the gross area of the several floors of a building or buildings measured from the face of the exterior walls, or from center line of the walls separating two buildings. Floor area shall exclude spaces such as garages, basements, open porches and similar areas.
Forestry activities–the management, cultivating, maintaining and harvesting of timber from a site. Forestry activity does not include the production or processing of lumber mills or similar activities/uses of timber whether grown on site or offsite. [Ord. 545]
Fraternity house–common rooms and a central kitchen and dining room maintained exclusively for fraternity members and their guests or visitors and officially recognized as a fraternity by Edinboro State University.
Garage, private–an accessory building used only for storage purposes, either attached to the principal building or separate. A private garage may store no more than four automobiles.
Gasoline service station–an area of land, together with any structure thereon, used for the retail sale of motor fuel and lubricants and incidental services, such as lubrication and hand washing of motor vehicles and the sale, installation or minor repairs of tires, batteries or other automobile accessories.
Group home–a nonprofit or for-profit home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, shall also provide some combination of personal care, social or counseling services and transportation.
Hearing–an administrative proceeding conducted by a board pursuant to §909.1 of the Municipalities Planning Code. [Ord. 585]
Height of building –the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line or highest point of coping or parapet of a mansard roof or to the mean height level between eaves and ridge of gable, hip, shed and gambrel roofs. When the highest wall of a building with a shed roof is within 30 feet of a street, the height of such building shall be measured to the highest point of coping or parapet.
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Height of communication towers–the vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower. [Ord. 578]
Home-based business (no-impact)–a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. [Ord. 545] Home occupation–any business use customarily carried on entirely within a dwelling by the occupants thereof, which use is clearly incidental and subordinate to the use of the dwelling for dwelling purposes and does not change the residential character thereof.
Industrialized housing–(UCC) Under §3 of the Industrialized Housing Act (35 P.S. §1651.3), a structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on the building site. This term does not include housing units defined as mobile homes. [Ord. 585]
Institution of higher learning–activities and uses which are a direct function of Edinboro University or a subsidiary of same.
Instructional school–a facility which offers instruction in a variety of endeavors or skills but is not a school, vocational school, college or university or similar institution licensed by the Commonwealth of Pennsylvania. Such uses will be treated as personal services by this Chapter. [Ord. 482]
Lot–a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
Lot, corner–a lot at the point of intersection of and abutting on two or more intersecting streets, and which has an interior angle of less than 115 degrees at the intersection of two street lines. (See also “yard, front.”)
Lot, line–any line dividing a lot from another lot or from an abutting street or other right-of-way.
Lot, through–a lot that has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. Such lots are also known as “double frontage lots.” (See also §27-403.)
Lot, width–the horizontal distance between the side lot line measured at the required front yard building line.
Manufactured dwelling–(UCC) Under §901(a) of the UCC (35 P.S. §7210.901), housing which bears a label as required by and referenced in the Manufactured Housing Act, certifying that it conforms to Federal construction and safety standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USCA §§5401-5426). [Ord. 585]
Manufacturing, light–the assembly, fabrication, manufacture, production, processing, storage and/or wholesale distribution of goods or products where no process involved will produce noise, light, vibration, air pollution, fire hazard or emissions, noxious or dangerous to neighboring properties within 400 feet.
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Mobile home–a transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site, complete and ready of occupancy, except for minor and incidental unpacking and assembly operations. (Subject to the Act of May 11, 1972, P.L. 286, No. 70, known as the “Industrialized Housing Act” and to Title VI, Public Law 93-383, referred to as the Federal Mobile Home Construction and Safety Standards Act of 1974 and subject to the Borough’s building codes.)
Mobile home lot - a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
Mobile home park–a parcel or contiguous parcels of land under single ownership which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
Motel–a building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a parking space and offered principally for rental and use by motor vehicle travelers. The term “motel” includes, but is not limited to, auto courts, motor courts, motor inns, motor lodges or roadside hotels.
Municipal authority–a body politic and corporate created pursuant to the Act of May 2, 1945, P.L. 382, No. 164, known as the “Municipalities Authority Act of 1945,” 53 P.S. §301 et seq., or the Municipality Authorities Act, 53 Pa.C.S.A. §5601
et seq. [Ord. 585]
Nonconforming lot–a lot the area or dimension of which was lawful prior to the adoption or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
Nonconforming structure–a structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this Chapter or an amendment hereafter enacted, where such structure lawfully existed prior to the enactment of this Chapter or amendment or prior to the application of this Chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
Nonconforming use–a use, whether of land or structure, which does not comply with the applicable use provisions of this Chapter or amendment hereafter enacted, where such use was lawfully in existence prior to the enactment of this Chapter or amendment or prior to the application of this Chapter or amendment to its location by reason of annexation. For clarification purposes this is also known in commonly accepted terms as “grandfathered.” [Ord. 563]
Parking lot or garage, commercial–a lot or structure whose principal use is the parking or storage of motor vehicles for specified time periods or on a rental basis, but not for commercial or public utility vehicles or the dead storage of motor vehicles.
Parking space–an open space with a dustless all-weather surface, or space in a private garage or other structure with an effective length of at least 18 feet and a uniform width of at least 9 feet for the storage of one automobile and accessible
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from a public way.
Personal care board home for adults–a premises in which food, shelter, personal assistance or supervision are provided for a period exceeding 24 consecutive hours for more than three adults who are not relatives of the operator and who require assistance or supervision in matters as dressing, bathing, diet or medication prescribed for self-administration but do not require hospitalization or care in a skilled nursing or intermediate care facility.
Planned residential development–an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this Chapter.
Professional office–the office or studio of a physician, surgeon, dentist, lawyer, architect, artist, engineer, certified public accountant, real estate broker or salesman, insurance broker or agent, musician, teacher or similar occupation.
Public grounds–includes:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas.
B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
C. Publicly owned or operated scenic and historic sites. [Ord. 545]
Public hearing–a formal meeting held pursuant to public notice by the Borough Council or Edinboro Planning Commission, intended to inform and obtain public comment prior to taking action in accordance with this Chapter. [Ord. 585]
Public meeting–a forum held pursuant to notice under the Act of October 15, 1998, P.L. 729, No. 93, 65 Pa.C.S.A. §701 et seq. [Ord. 585]
Public notice–notice published once each week for 2 successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than 7 days from the date of the hearing. [Ord. 545]
Public utility substation–a structure or building, used for the distribution of gas, electric or cable utilities, but not including office, garage, maintenance or similar facilities.
Related/relative (as used in definition of “family”)–a relationship or condition which connects two or more persons by blood, marriage, adoption or other legally established commitment. For the purpose of this Chapter, it shall be limited to parent(s), grandparent(s), sibling(s), aunt or uncle(s), first cousin(s), niece(s) or nephew(s). Any person not connected by the specified relationship of this definition shall be considered as unrelated. [Ord. 567]
Regulated rental unit–a dwelling unit, with separate and exclusive cooking and sanitary facilities, used as a rental property, accessible from the outside or a common hallway. [Ord. 561]
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Report–any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction. [Ord. 545]
Restaurant, drive-through–restaurants specializing in fast food with drive-through facilities.
Rooming house–a dwelling having three or more sleeping rooms for rent to persons not related to its other occupants. See also “boarding house.”
School–a public or private institution which provides primary (elementary) or secondary education and is duly approved/accredited by the Pennsylvania Department of Education.
Screen planting–screen planting for this Chapter shall mean an evergreen hedge at least 6 feet high, planted in such a way that it will block a line of sight. The screening may consist of either one or multiple rows of evergreen bushes or trees.
Screening–screening shall mean a fence, screen planting or wall at least 6 feet high, provided in such a way that it will block a line of sight.
Shopping center–a business district or portion thereof, wherein stores and shops occupy space in a single structure and where these stores and shops use a common off-street parking lot.
Sign–any structure, building, wall or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or other representations used for announcement, direction, advertisement or identification. The word “sign” includes the word “billboard,” but does not include the flag, pennant or insignia of any nation, state, city or other political unit, nor public traffic or directional signs. The word “sign” includes temporary and portable devices as well as permanent signs. The “area of a sign” shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, including framework and bracing which is incidental to the display itself, when viewed from its widest silhouette. Where the sign consists of individual letters or symbols attached to or painted on a surface, the area shall be considered the smallest rectangle which can be drawn to encompass all of the letters and symbols.
Sign, advertising–a sign which directs attention to a business, profession, service or industry, conducted, sold, manufactured, assembled or offered for sale other than upon the premises where the sign is displayed.
Sign, business–a sign which directs attention to a business, profession or industry conducted on the premises or to products sold, manufactured or assembled upon the same premises upon which it is displayed.
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Sorority house–a building containing sleeping rooms, bathrooms, common rooms and a central kitchen and dining room maintained exclusively for sorority members and their guests or visitors and officially recognized as a sorority by Edinboro State University.
Special exception–a use permitted in a particular zoning district pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§10601 et seq., 10901 et seq. [Ord. 545]
Story–that portion of a building located between the surface of any floor and the next floor above; if there is not more than one floor the space between any floor and the ceiling next above it shall be considered a story.
Street–a public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a means of access to abutting property. The word “street” includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley and road or similar terms.
Street line–a line defining the right-of-way boundaries of a street.
Structure–any manmade object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. The word “structure” is to include antenna or satellite dish antennas.
Student house–a type of use which is a sub-group of regulated rental unit. It is a living arrangement within a one- or two-family dwelling, a conversion dwelling or a townhouse by persons unrelated by blood, marriage, or legal adoption, or any combination of such persons, who are attending, or about to attend undergraduate or graduate programs offered by colleges or universities, or who are on semester break, or summer break. The restrictions placed upon regulated rental units shall apply to student houses. The maximum number of occupants of a student house shall be limited to three persons, whether related or unrelated and must comply with the minimum area requirements established by the Property Maintenance Code [Chapter 5, Part 2]. [Ord. 567]
Use–four classifications of zoning uses:
(1) Uses by right are those authorized uses for which a zoning appeal will be issued by the Zoning Officer upon the Zoning Officer’s review of the application for development if the application for development indicates compliance with this Chapter.
(2) Conditional uses are those authorized uses which are permitted by approval of the Borough Council in accordance with this Chapter and specifically §27-308, “Conditional Uses and Special Exceptions.”
(3) Uses by special exception are those authorized uses which are permitted by approval of the Zoning Hearing Board in accordance with this Chapter.
(4) Planned residential development uses are those authorized uses which are permitted by approval of the Borough Council as a planned residential development in accordance with Part 8 of this Chapter and the MPC Article VII, 53 P.S. §10701 et seq.
(5) Uses Not Specifically Listed. Uses which are not specifically listed but are similar to a specifically listed use shall be permitted by conditional use in
27-17 Corrected 12/12/2011 the same zoning district in which similar specifically listed use is permitted and the Borough Council shall make findings with regard to the similarity of the uses.
[Ord. 545]
Variance–relief granted pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§10601 et seq., 10901 et seq. [Ord. 545]
Warehousing–a use engaged in storage, wholesale and distribution of
manufactured products, supplies and equipment; but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. [Ord. 482]
Water survey–an inventory of the source, quantity, yield and use of
groundwater and surface water resources within the Borough. [Ord. 545]
Yard–that portion of a lot which is unoccupied and open to the sky and extends from the lot line to the yard line.
Yard line–a line within a lot defining the minimum distance between any building or structure or portion thereof, and an adjacent lot line. Such line shall be measured at right angles from and parallel to the corresponding lot line.
Yard, front–a yard between an adjacent right-of-way and the building line and extending for the full width of the lot. On corner lots, the front yard shall be considered on the street which has the least dimension.
Yard, rear–a yard between the rear lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any zoning district and extending for the full width of the lot.
Yard, side–an open yard space between the side lot line and parallel thereto extending from the front lot line to the rear lot line.
Zoning certificate–a certificate of approved, conforming, nonconforming or appropriate land or building use issued by the Zoning Officer of the Borough of Edinboro purusant to the Edinboro Zoning Ordinance [this Chapter]. [Ord. 585]
Zoning Officer–the Zoning Officer of the Borough of Edinboro or his authorized representative.
Zoning permit–a permit issued by the Zoning Officer of the Borough of Edinboro for activities pursuant to this Chapter and is the initial approval to begin review of building plans for projects regulated by the PA UCC. [Ord. 585]
(Ord. 457, 1/31/1994, §202; as amended by Ord. 482, 3/23/1998, §3; by Ord. 545, 2/26/2007, §27-202; by Ord. 561, 5/12/2008, §1; by Ord. 563, 8/11/2008, §1; by Ord. 567, 2/9/2009, §§1-3; by Ord. 578, 5/10/2010, §2; and by Ord. 585, 9/12/2011)
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District Regulations §27-301. Zoning Map.
A map entitled the “Edinboro Borough Zoning Map” is hereby adopted as part of this Chapter. The Zoning Map shall be kept on file and be available for examination at the Borough offices.
(Ord. 457, 1/31/1994, §301) §27-302. Zoning Districts.
The Borough is divided into the districts set forth by this Chapter and as shown by the district boundaries on the Zoning Map. The districts are:
A. A-Agricultural District. It is the intent of this district to establish and preserve areas for agricultural and low-density outdoor recreation uses that do not significantly change the natural character of the land or attract large numbers of people.
B. U-University District. The University District is established to preserve areas occupied by the University of Edinboro and facilitate their use by that institution.
C. RC-Recreation District. The purpose of this District is to preserve public recreational areas owned by the Borough of Edinboro for the beneficial use of its citizens and to recognize and protect the integrity of adjacent residential areas.
D. Residential Districts. Districts designated for residential use are for dwellings and uses normally associated with residential neighborhoods. The specific purpose for each of the residential districts is as follows:
(1) R-1 and R-1A Single-Family Residential Districts. These zones are for single-family dwellings and related uses. Uses for these two districts are similar; however, a higher developmental density is permitted in the R-1A District.
(2) R-2 Single-Family and Limited Multi-family Residential District. This district is established to provide an area of single-family and limited multi-family dwellings as a varied residential district.
(3) R-3 Lakeside Residential District. The purpose of this district is to accommodate development in the Lakeside District of Edinboro.
(4) R-4 Multi-family Residential District. The intent of this district is to establish an area for a variety of housing types and provide for more intense residential densities as may be required for apartment and townhouse development.
E. RLB-Residential Limited Use District. This zone is designed to permit a variety of residential and limited business uses in the Borough. Its purpose is to afford limited commercial activities which are amenable to residential uses while preserving the character of an established residential area. As it is the intent of this Chapter to preserve the residential character of the neighborhood, generally nonresidential uses (listed under special exceptions in Table 27-306-1) will only be
27-20 allowed in converted residences.
F. Commercial District. The commercial districts are designed to provide for needed commercial and related activities within the Borough:
(1) C-1 Downtown Business District. This district is specifically designed for the existing downtown Edinboro business district. It allows for a wide range of commercial, upper floor residential and related uses while recognizing the physical limitations of this already built up area. Most off-street parking and loading/unloading requirements are eliminated for this zone.
(2) C-2 Periphery Business District. This district is designed to accommodate a wide range of commercial, residential and related uses. G. I-1 Industrial District. The Industrial District is designed to allow space for existing and new development to support the Borough’s economic life. Development within this zone is expected to be of a quality that will be compatible with surrounding land use. It is specifically aimed at light manufacturing, fabrication, wholesale uses, nonhazardous research and development and similar activities.
(Ord. 457, 1/31/1994, §302) §27-303. Annexed Areas.
Any territory hereafter annexed by the Borough of Edinboro will be automatically zoned R-1, until otherwise classified by the Borough.
(Ord. 457, 1/31/1994, §303)
§27-304. District Boundaries.
District boundaries that are shown between the lines of streets, streams, and transportation right-of-ways, shall be deemed to follow the centerlines. The vacation of streets shall not affect the locations of such district boundaries. When the Zoning Officer cannot definitely determine the location of a district boundary by such centerlines, by the scale or dimensions stated on the Zoning Map, or by the fact that it clearly coincides with a property line, he shall refuse action and the Zoning Hearing Board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purpose set forth in all relevant provisions of this Chapter.
(Ord. 457, 1/31/1994, §304)
§27-305. Zoning District Changes.
All approved changes to zoning districts shall be promptly recorded on the Zoning Map by the Zoning Officer.
(Ord. 457, 1/31/1994, §305)
§27-306. Permitted Uses, Conditional Uses and Special Exceptions.
The permitted uses, conditional uses and special exceptions for each district are shown in the following table (Table 27-306-1). Special exceptions may be granted or denied by the Zoning Hearing Board in accordance with the express standards and criteria of this Chapter. In granting a special exception, the Board may attach
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reasonable conditions and safeguards as it may deem necessary to implement the purpose of this Chapter and protect the neighborhood. Conditional uses may be granted or denied by Borough Council pursuant to the recommendations of the Edinboro Planning Commission and the express standards and conditions of this Chapter. In allowing a conditional use, the Borough Council may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter and protect the neighborhood. Uses in each category shall be according to the common meaning of the term or according to definitions set forth in Part 2. Uses not specifically listed or defined shall not be permitted.
Table 27-306-1 Zoning Districts
Permitted Uses, Conditional Uses and Special Exceptions A - Agricultural District
Permitted Uses Conditional Uses
Single-Family Dwellings Cemeteries (§27-308.C) Agricultural
Accessory Uses Special Exceptions
Accessory Buildings Public Utility Substations (§27-308.B)
U-University District
Permitted Uses Special Exceptions
Educational Facilities Public Utility Substations (§27-308.B) Recreational Facilities Cellular Towers (§27-308.DD) [Ord. 578] Residential Facilities
Administrative Facilities Accessory Uses Accessory Buildings Essential Services Fraternities and Sororities Dormitories
RC - Recreation District
Permitted Uses Conditional Uses
27-22 Corrected 12/12/2011
Essential Services
Accessory Uses Special Exceptions
Accessory Buildings Public Utility Substations (§27-308.B)
R-1 Single-Family Residential District and R-1A Single-Family Residential District
Permitted Uses Special Exceptions
Single-Family Dwellings Public Utility Substations (§27-303.B) Accessory Uses Home Occupations (§27-308.O) Public Parks and Playgrounds Public Utility Substations (§27-308.B) Essential Services Churches (§27-308.A)
Accessory Buildings
Forestry Activities [Ord. 545]
No-Impact Home-Based Business (§27-308.CC) [Ord. 545]
R-2 Single-Family and Limited Multi-family Residential District
Permitted Uses Conditional Uses
Single-Family Dwellings Schools (§27-308.A) Two-Family Dwellings
Accessory Uses Special Exceptions
Public Parks and Playgrounds Churches (§27-308.A)
Accessory Buildings Public Utility Substations (§27-308.B) Essential Services Family Day Care Homes (§27-308.R) Planned Residential Development (Part 8) Rooming/Boarding Houses (§27-308.E) Forestry Activities [Ord. 545] Home Occupations (§27-308.O) No-Impact Home-Based Business
(§27-308.CC) [Ord. 545]
Bed and Breakfast (§27-308.T) Conversion Dwellings (§27-308.Y)
27-23 Corrected 12/12/2011
Permitted Uses Conditional Uses
Single-Family Dwellings
Public Parks and Playgrounds Special Exceptions
Two-Family Dwellings Public Utility Stations (§308.B)
[Ord. 585] Nursery Schools (§308.G)
Accessory Uses Boat Rental and Repair (§308.F) Accessory Buildings Home Occupations (§308.O) Essential Services Bed and Breakfast (§308.T) No Impact Home-Based Business
(§27-308.CC) [Ord. 545]
Forestry Activities [Ord. 545]
R-4 Multi-Family Residential District
Permitted Uses Conditional Uses
Single-Family Dwellings Schools (§27-308.A)
Two-Family Dwellings Mobile Home Parks (§27-308.N) Multi-family Dwellings
Rooming/Boarding Houses Special Exceptions
Accessory Uses Nursery Schools (§27-308.G) Accessory Buildings Churches (§27-308.A)
Essential Services Public Utility Stations (§27-308.B) Individual Mobile Homes (§27-414) Family Day Care Homes (§27-308.R) No-Impact Home-Based Business
(§27-308.CC) [Ord. 545] Group Day Care Homes (§27-308.R) Forestry Activities [Ord. 545] Bed and Breakfast (§27-308.T)
Home Occupations (§27-308.O)
Personal Care Boarding Homes for Adults, Group
Homes and Adult Day Care (§27-308.R) Dormitories (§27-308.BB)
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RLB - Residential Limited Use District
Permitted Uses Conditional Uses
Single-Family Dwellings
Two-Family Dwellings Special Exceptions Essential Services Funeral Homes (§27-308.H)
Accessory Uses Churches (§27-308.A)
Accessory Buildings Nursing Homes (§27-308.A) No Impact Home-Based Business
(§27-308.CC) [Ord. 545] Professional Offices (§27-308.D) Forestry Activities [Ord. 545] Day Care Facilities (§27-308.S)
Medical and Dental Clinics (§27-308.D) Public Utility Substations (§27-308.B) Personal Care Boarding Homes for Adults, Group Homes and Adult Day Care (§27-308.R)
Bed and Breakfast (§27-308.T) Home Occupations (§27-308.O) Conversion Dwellings (§27-308.Y) C-1 Downtown Business District
Permitted Uses Conditional Uses
Retail Business Shopping Centers (§27-308.U) Professional Services Bottle Clubs (§27-308.AA) Eating and Drinking Places (Not
Drive-Through)
Theaters Special Exceptions
Accessory Uses Gasoline Service Stations (§27-308.Q) Essential Services Public Utility Substations (§27-308.B) Accessory Buildings Residence on an Upper Story (§27-308.P) Dog Grooming Automotive Service (§27-308.Q)
Home Occupations Car Wash (§27-308.I)
Banks and Financial Institutions Eating and Drinking Places–Drive-Through (§27-308.W)
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C-2 Periphery Business District
Permitted Uses Conditional Uses
Retail Business Shopping Centers (§27-308.U) Professional Services Bottle Clubs (§27-308.AA) Eating and Drinking Places (Not
Drive-Through)
Theaters Special Exceptions
Accessory Uses Gasoline Service Stations (§27-308.Q) Essential Services Public Utility Substations (§27-308.B) Dog Grooming Multi-family Dwellings (§27-308.J) Home Occupations Automotive Service (§27-308.Q) Banks and Financial Institutions Car Wash (§27-308.I)
Eating and Drinking Places–Drive-Through (§27-308.W)
I-1 Industrial Districts
Permitted Uses Conditional Uses
Light Manufacturing Heavy Manufacturing (§27-308.M) Corporate Offices Instructional Schools (§27-308.BB) Professional Offices Public Utilities Substations (§27-308.B) Accessory Uses
Essential Services Accessory Buildings [Ord. 482]
I-2 Industrial District (Walker Drive Industrial Park)
All uses listed as permitted uses in the I-1 District shall be permitted uses in the I-2 district plus:
Permitted Uses Conditional Uses
Warehousing Truck Terminals (§27-308.V)
Wholesale Sales and Storage
Rental Service and Storage Special Exception
27-26 Corrected 12/12/2011
Public Utilities Substations (§27-308.B) [Ord. 482]
(Ord. 457, 1/31/1994, §306; as amended by Ord. 482, 3/23/1998, §2; by Ord. 545,
2/26/2007, §27-306; by Ord. 561, 5/12/2008, §2; by Ord. 563, 8/11/2008, §§2, 3; and by
Ord. 578, 5/10/2010, §3)
§27-307. Lot, Yard and Height Requirements.
The minimum lot area, minimum lot area per family, maximum lot coverage by buildings and structures, minimum depth of front yard, minimum depth of rear yard, side yard requirements, maximum height of structures and number of stories for each district shall be as specified in Table 27-307-1.
1See Part 2.
2All structures may have up to three stories except those allowed 40 feet in height which may have up to four stories.
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Table 27-307-1
Lot Yard and Height Requirement Table
Zoning District Min. Lot Areas Sq. Ft. or Acres* Min. Lot1 Width (Feet) Min. Front Yard (Feet) Min. Side Yard (Feet) Min. Rear Yard (Feet)* Max. Height Structure (Feet) Max. Lot Coverage Percent A-Agricultural 10 acres 300 50 50 50 35 10
U-University 10 acres–Note: This district has no yard requirements except where new construction is within 100 feet of a residential district. In such an event, the yard requirements of that residential district shall be observed along the boundary line with that residential district.
RC-Recreation No specific lot or yard requirements.
R-1 Residential 20,000 100 30 15 20 30 30 R-1A Residential 10,000 75 30 10 20 30 40 R-2 Residential and RLB-Special Residential Single Family Two-Family Dwellings Multi-family 10,000 12,000
12,000 plus 2,000 for each family over 2 75 125 125 30 30 30 10 15 15 20 30 30 30 302 30 40 50 50 R-3 Residential Single-Family Two-Family 3,600 7,200 40 80 30 30 ** 10 20 20 30 30 50 50 R-4 Residential Single-Family Two-Family Multi-family 10,000 12,000 plus
1,500 for each family over 2
75 125 125 30 30 30 10 10 15 20 20 30 30 30 402 50 50 50
C-1 Commercial N/A N/A 0 0 20 40 N/A
C-2 Commercial N/A N/A 0 0 20 40 N/A
I-1 Industrial 10,000 100 30 25 50 40 35
*Accessory building may be placed in the rear yard but shall be at least 5 feet from the rear and side lot lines. **A minimum side yard of 6 feet is required with the side yards in aggregate a total of 16 feet.
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§27-308. Conditional Uses and Special Exceptions.
The criteria for conditional uses and special exceptions are listed below. In addition to these, the Zoning Hearing Board, in granting special exceptions, and Borough Council/Planning Commission in considering conditional uses, are charged with considering the effect that such proposed uses will have upon the immediate neighborhood. The preservation and integrity of existing development must be carefully weighed and given priority in each decision. In granting a special exception or conditional use, the Board or Council (as appropriate) may attach reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq., and this Chapter:
A. Churches, Schools, Instructional Schools, Hospitals and Nursing Homes. (1) Shall provide all parking and loading/unloading requirements as required by this Chapter.
(2) Shall be located on a public street with a minimum cartway of 20 feet. (3) The design and landscaping shall be compatible with, and preserve the character of adjoining residential uses.
(4) All parking and recreation/play areas which abut residential uses shall be screened.
(5) Any outdoor lighting shall be designed to prevent glare to adjoining properties.
(6) In the RLB District, this use will be permitted only in buildings originally used as residential structures and converted to this use.
(7) All necessary licenses or permits issued by County, State or Federal agencies shall be presented to the Board and required licenses, certificates or permits shall be a condition for approval.
B. Public Utility Substations.
(1) Shall be landscaped to present a minimum intrusion upon the neighborhood.
(2) Shall be enclosed by a security fence. Not withstanding any other Section of this Chapter, the height of this fence shall be adequate to provide proper security for the installation.
(3) No outdoor storage shall be permitted.
C. Cemeteries. Prior to the establishment of a new cemetery or the expansion of an existing cemetery, the owner shall:
(1) File a site plan with the Borough to demonstrate the design and layout of the proposed cemetery or cemetery expansion specifically illustrating the proposed drainage plan, the internal circulation plan and the location of accessory building(s).
(2) Connections to existing Borough streets will be no closer than 50 feet to a street intersection, 15 feet to a fire hydrant, 30 feet to a driveway on the same side of the street and shall avoid streets or driveways opposite proposed means of ingress and egress.
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(4) All accessory uses must be clearly incidental and subordinate to the function of the cemetery.
(5) All crematoriums must secure and present all needed permits from the Commonwealth of Pennsylvania and the County of Erie.
D. Medical and Dental Clinics, Professional Offices.
(1) Such facilities shall exclude the treatment of the insane nor shall they include penal or correctional institutions.
(2) Access shall be from a street with a pavement width of at least 20 feet. (3) All required parking, loading and unloading shall be contained entirely on-lot, including sufficient maneuvering room so that vehicles will not back onto a public street. Any parking area next to a residential use shall be screened. (See definition of “screening.”)
(4) All lighting shall be so arranged to prevent glare to adjoining properties.
(5) The total floor area of the principal structure and all accessory uses shall not exceed 3,000 square feet.
(6) In the RLB District this use will be permitted only in buildings originally used as residential structures and converted to this use.
E. Rooming Houses.
(1) Must meet all Borough of Edinboro Code of Ordinances requirements. [Ord. 585]
(2) May not house more than four roomers.
(3) Shall not adversely affect the character of the surrounding neighborhood.
(4) Shall provide off-street parking for all tenants.
F. Boat Rental Sales and Repair. As the Lakeside District is next to Edinboro Lake, the accommodation of boat rental sales and repair facilities is appropriate. Such uses shall:
(1) Have a minimum lot size of 5,000 square feet. (2) Conduct all repair activities indoor.
(3) Outdoor storage shall be limited to rental boats.
(4) Side or rear lot lines which abut residential uses shall use screen planting.
G. Nursery Schools. These uses shall:
(1) Provide evidence that they have the necessary State licenses/permits or registration.
(2) Provide on-lot parking for all employees. (See Part 4.)
(3) Provide a plan for the pick up and drop off of students in a safe manner. For new structures, a circular drive or similar arrangement shall be required so this activity is off-street. For existing structures, the same arrangement is required, where feasible. In any event, the operator of the facility is required to clearly show how student drop off/pick up will occur in a
27-30 safe manner.
H. Funeral Parlors.
(1) There shall be no receiving vault, preparation room or display of merchandise visible from outside the principal building.
(2) There shall be a minimum of 5,000 square feet of off-street parking, but in no event less than required by Part 4 of this Chapter.
(3) All crematoriums must secure and present all needed permits from the Commonwealth of Pennsylvania and the County of Erie.
(4) In the RLB District, this use will be permitted only in buildings originally used as residential structures and converted to this use.
I. Car Washes.
(1) Car Stacking. The entrance to the car wash shall be designed as to permit a waiting line of at least six cars. In no event shall cars be permitted to use the public right-of-way while waiting use the wash facility.
(2) All such facilities shall present a drainage plan. J. Multi-family Dwellings.
(1) All multi-family units shall meet the residential lot and yard requirements set forth in R-2 Medium Density Residential District.
(2) The facility shall provide off-street parking as required for residential units.
(3) There shall be no more than six dwelling units permitted on a lot. K. Townhouse Developments.
(1) There shall be no townhouse building consisting of more than six dwelling units.
(2) The developer shall vary architectural treatments between units in a townhouse development. Variations may include those of exterior elevation, building setbacks, provision of balconies, architectural details, pitch of roof, exterior materials or use of color. Variety and flexibility in design, layout and arrangement of buildings, parking areas, services, recreational areas, common open space and planting that fully considers the particular physical characteristics of the site and natural amenities is highly desired.
(3) The horizontal distance between townhouses shall be:
(a) Two times the average height of the two groups of townhouses for front or rear walls facing front or rear walls.
(b) One and one-half times the average height for front or rear walls facing side walls.
(c) Equal to the height of the highest building for side walls facing side walls.
(4) The minimum width of any side yard abutting a street, driveway or parking area shall be not less than 20 feet.
(5) Access and service shall be provided in the front of each dwelling unit in the townhouse. Parking will be provided on the lot, as carports, as an
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integral part of the townhouse, or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintaining snow removal and repairs.
(6) Adequate refuse storage facilities shall be provided and shall be either in a structure closed on at least three sides or shall be screened from adjoining properties by a fence or screen plantings.
L. [Reserved.] [Ord. 482]
M. Heavy Manufacturing. Heavy manufacturing shall be located where the emission of objectionable gases, fumes, smoke or dust will not be objectionable to established permitted uses nearby or is controlled by the installation of special equipment. Outside storage yards abutting or immediately across a street from any R District shall be screened. They shall meet all performance standards set forth in §27-406, “Performance Standards.”
N. Mobile Home Parks. Mobile home parks will be allowed, as a conditional use, in the R-4 District provided the following conditions are met:
(1) The minimum site required for a mobile home park shall be 5 contiguous acres.
(2) The site of a mobile home park shall be serviced by public water and public sewers.
(3) Around the perimeter of the mobile home park site there shall be minimum front and rear yards of 50 feet each and minimum side yards of 30 feet each. No portion of an individual mobile home lot may extend into the required perimeter yards. Landscaping, parking and recreational facilities may project into the required perimeter yards.
(4) Individual mobile home lots shall meet the following minimum requirements:
(a) Lot area–6,000 square feet. (b) Lot width–60 feet.
(c) Interior yards–25 feet from interior access roads.
(d) Thirty feet between parallel ends or sides of mobile homes or other principal buildings. Fifteen feet between mobile homes and any other accessory building.
(5) Support and Anchoring. Individual mobile homes shall be placed upon suitable supports to insure that the unit will remain level and free from structural damage. Each mobile home shall be provided with an anchoring system to prevent and resist overturning or lateral movement caused by wind forces. Such anchoring shall be equivalent to or exceed NFPA Standard No. 501A-1974 (ANSI A119.3-1975).
(6) Skirting. Each mobile home shall be skirted with an enclosure of compatible design and material. Such skirting shall provide adequate ventilation to inhibit the formation of moisture and decay.
(7) Common Facilities. No less than 10 percent of the mobile home park site shall be devoted to common facilities for passive and active recreation
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limited to use by the residents of the mobile home park.
(8) Screening. All property lines shall be screened by a screen planting area which is at least 15 feet in depth measured from the property line.
(9) Interior streets shall be lighted.
(10) Interior streets shall be designed in accordance with the following standards:
(a) One-way minor streets serving less than 20 lots shall have a minimum paving width of 14 feet. Two-way minor streets serving fewer than 20 lots shall have a minimum paving width of 18 feet.
(b) All other one-way streets within the mobile home park shall have a minimum paving width of 9 feet per moving lane where on-street parking is prohibited and shall have a minimum paving width of 12 feet per moving lane where on-street parking is permitted.
(c) All other two-way streets within the mobile home park shall have a minimum paving width of 18 feet where on-street parking is prohibited and shall have a minimum paving width of 24 feet where on-street parking is permitted.
(11) All parts of the park and mobile home lots in particular shall be suitably graded to prevent water ponding. Facilities for stormwater management shall be exempt from this requirement.
O. Home Occupations. Home occupations are a potential intrusion upon residential areas and as such must meet all the requirements listed in this Section: (1) Parking. In addition to providing the required parking spaces for residents of the dwelling units, off-street parking must be provided for employees and customers in accordance with the criteria set forth by this Chapter.
(2) Employees. No more than one outside employee, other than a family member, shall participate or work in the home occupation, except in the R-1 District where no outside employees shall be permitted.
(3) Restrictions. No home occupation which would cause undue noise, traffic or other intrusion upon the neighborhood shall be allowed. Among the activities excluded shall be kennels, veterinary offices, restaurants, small motor repair, automotive repair, automotive bodywork and similar undertakings.
(4) Home occupations may include, but are not limited to, art studios, music studios (limited to one student at a time), professional services, dressmakers, beauty shops, barber shops and building crafts (carpentry, electrical, painting and plumbing) when the residential use is limited to office and storage facilities in keeping with the intent of this Section.
(5) The nature of the home occupation shall not change the outward characteristics of the home as a residential unit.
(6) No more than 25 percent in aggregate of the home and accessory buildings may be used for a home occupation.
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on the principal structure or 2 square feet in any other district may be used to announce the name or purpose of the home occupation.
(8) Home occupations shall not operate before 8 a.m. nor after 9 p.m. (9) Any retail sales shall consist primarily of items made on the premises. No more than 25 percent of on-premises sales shall be from items not made on the premises.
(10) No more than one home occupation per dwelling shall be permitted. P. Residence as a Secondary Use. This special exception is specifically designed to allow residential uses in the C-1 District on upper floors only. In addition to meeting other applicable regulations set forth in this Chapter, such uses shall:
(1) Provide for two separate means of ingress and egress for each dwelling unit.
(2) Provide at least 500 square feet of usable space per dwelling unit. Nonfamily households shall not exceed three persons. [Ord. 545]
(3) Provide for off-street parking for occupants, on-lot or within 400 feet of the proposed dwelling. The provision of adequate off-street parking shall be mandatory to maintain a secondary residence use.
(4) Present proof that each secondary dwelling can be adequately accommodated with sanitary sewerage services.
(5) In the C-1 District, residences will be allowed only on second or higher floors.
(6) Residence uses will not be allowed on parcels where dangerous or flammable liquids are stored or used.
Q. Gasoline Service Stations, Automobile Sales and Service. Shall be permitted subject to the following regulations:
(1) Any fuel pumps shall be at least 30 feet from the front lot line and at least 30 feet from a side lot line.
(2) No vehicle will be parked or stored along the front property lines. (3) Any lot line abutting a residential district or residential use shall be screened using screen plantings.
(4) There shall be no outdoor storage of new or used parts, scrap parts, unlicensed vehicles, tires, vehicles which lack current Pennsylvania inspection stickers or parts of vehicles. The overnight parking of customer vehicles and the storage of DEP/EPA approved trash containers shall be permitted. [Ord. 545]
R. Personal Care Boarding Home for Adults, Group Homes and Adult Day Care. The purpose of such homes is to provide residences for individuals in a home-like setting. Consequently, it is essential to maintain an exterior appearance that is in harmony with surrounding residences. In addition, such uses shall meet the following conditions:
(1) There shall be no sign or exterior display indicating the name of the home or its use larger than 2 square feet.
