New 'Imington Borough

Zoning

Chapter 275 November 1998

From the Code of the Borough of New Wilmington

Revised January 25,2000 Revised

Chapter 275

ZONING

ARTICLE I 0 275-17. Height limitations. General Provisions 0 275-18. Performance standards.

' 0 275-19. Off-street loading and

0 275-20. Water recreation and parking.

storage areas.

0 275-1. Title. 0 275-2. Statutory authority;

purpose. - 0 275-21. Swimming pools.

0 275-23. Home occupations.

0 275-3. Community development

0 275-4. Compliance required. objectives. Signs. 5 275-22.

ARTICLE 11 Definitions

0 275-24. Home office. 9 275-25. Communications towers

and antennas. Word usage. Terms defined.

6 275-5. 0 275-6. ARTICLE V

Administration, Enforcement and Appeals ARTICLE 111

District Regulations 5: 1 i .

0 275-26. Appointment of Zoning Officer.

0 275-27. Duties of Zoning Officer. 8 275-28. Zoning certificates.

Zoning Map. Zoning districts enumerated.

0 275-7. 0 275-8.

District boundaries. 0 275-29. Building permits. District regulations. 0 275-30. Violations and penalties.

0 275-9. 0 275-10. 0 275-11. Guidelines and criteria for

conditional uses and special exceptions.

0 275-31. Appeals.

ARTICLE VI Zoning Hearing Board

ARTICLE IV Supplementary Regulations i' j

L

0 275-32. Creation; membership, terms, appointments and qualifications; meetings; alternate members.

0 275-33. Fees. 0 275-34. Powers, duties and

0 275-35. Additional services. 0 275-36. Hearings. 5 275-37. Variances.

functions.

0 275-12. Nonconforming uses. 0 275-12.1. Individual mobile homes. 0 275-13. 0 275-14. Application of yard

0 275-15. Temporary structures. 0 275-16. Residing in basement

Existing lots of record.

requirements.

structures.

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8 275-1 NEW WILMINGTON CODE / i*

8 275-3

0 275-38. Special exceptions. 0 275-39. Performance standards. 8 275-40. Appeal of Board’s

decision.

ARTICLE VI1 Amendments

0 275-41. Introduction or consideration.

0 275-42. Petitions. 8 275-43. Referral to Planning

0 275-44. Public hearing; notice. 0 275-45. Curative amendments.

Commission.

Table A Permitted Uses, Conditional Uses and Special Exceptions Table B Lot, Yard and Height Requirements

[HISTORY: Adopted by the Borough Council of the Borough of New Wilmington 11-7-1983 by Ord. No. 381 (Ch. XXV of the 1967 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Pianning Commission - See Ch. 52. Floodplain management - See Ch. 131, Art. I. Sewers - See Ch. 185.

Stormwater management - See Ch. 203. Subdivision and land development - See Ch. 221.

ARTICLE I General Provisions

0 275-1. Title.

The official title of this chapter is the “New Wilmington Borough Zoning Ordinance.”

0 275-2. Statutory authority; purpose.

This chapter is adopted by virtue of the authority vested in the borough as set forth in Section 604 of the Pennsylvania Municipalities Planning Code, Act 247 (1968), as amended,l for the purpose of protecting the public health, safety, morals and general welfare of the Borough of New Wilmington.

0 275-3. Community development objectives.

A. This chapter and the Zoning Map are intended to:

(1) Promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other

Editor’s Note: See 53 P.S. 8 10604.

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public requirements, as well as to prevent the overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other damages.

(Cont'd on page 27503)

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- v.

0 275-3

B.

C.

ZONING 8 275-4

Support and encourage order and beauty in the development of the borough’s environment for the convenience and pleasure of present citizens and future residents through sound land development practices and the provision of adequate public utilities and facilities.

Keep the Borough of New Wilmington’s small-town character, preserving its existing residential areas and limiting new growth and development. [Amended by 2-2-1998 by Ord. No. 4291

Protect and maintain the integrity of existing residential districts. The A-Residence District is intended for single-family homes, with other uses quite limited. The B- Residence is intended for residential single-family , two-family and controlled multifamily development. Other uses are to be limited. [Amended by 2-2-1998 by Ord. No. 4291

Encourage future residential use to occur in an harmonious arrangement with existing neighborhoods.

Protect property values to ensure a suitable, attractive and efficient community environment.

Ensure the harmonious development of commercial uses and to limit such development to the borough’s traditional downtown area. [Amended by 2-2-1998 by Ord. No. 4291

Accommodate industrial uses, while protecting nearby development and districts.

Due to limited developable area, not all potential manufacturing and industrial uses can be accommodated within borough limits. Therefore, the borough will encourage those industrial uses most compatible with existing and projected land uses.

The Borough of New Wilmington is concerned about the preservation of historic resources. Residents of historic structureshreas are urged to prepare and submit to Borough Council the needed Act 167 documentation for the establishment of an Historic District. The borough’s Zoning Ordinance will respect all actions taken under any Act 167 ordinance and will issue no zoning permit in conflict with the same. [Added 5-7-2001 by Ord. No. 4531 -

5 275-4. Compliance required.

No structure shall be located, erected, constructed, reconstructed, 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. Any use not specifically permitted is prohibited.

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‘3 275-5 NEW WILMINGTON CODE

ARTICLE II Definitions

5 275-6

8 275-5. Word usage.

Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word “shall” is always mandatory and not permissive. The word “used” or “occupied”, as applied to any land or building, shall be construed to include the words “intended, arranged or designed to be used or occupied.”

8 275-6. Terms defined.

As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY USE - A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

A. It must be related to the principal use.

B. It must be subordinate and clearly incidental to the principal use.

C. It must also be customarily incidental.

D. It must be located on the same lot as the principal use.

ADULT USE, BUSINESS- Any use which must be licensed under the borough’s Sexually Oriented Business Ordinance, Chapter 188 of this Code (Ordinance No. 449 of 2000). [Added 5-7-2001 by Ord. No. 4531

BASEMENT - A story having more than 50% of its clear height below the average level of the surrounding ground.

BOARD - The Zoning Hearing Board of New Wilmington Borough, Lawrence County, Pennsylvania.

BUFFER YARD- The purpose of a buffer yard in this chapter is to provide visual screening to adjacent, abutting residential properties. The buffer shall consist of an evergreen hedge or series of evergreen trees, planted in such a way that it will block a line of Lsight. The screening material shall be at least four feet in height when planted. However, such screening shall not be required along street frontages, nor in areas which would block safe lines of sight for streets, alleys or driveways. [Added 4-3-2000 by Ord. No. 4441

BUILDING - A roofed structure enclosed by walls for the shelter, housing or enclosure of persons, goods, material or animals.

BUILDING HEIGHT - A vertical distance from the average elevation at grade level to the highest point of the roof.

BUILDING OR SETBACK LINE- Imaginary line parallel to or concentric with the nearest road right-of-way line. No portion of a structure may extend nearer the lot line than the required front yard depth.

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CHILD DAY-CARE SERVICES - Provides out-of-home care for part of a twenty-four- hour day to children under 16 years of age, excluding care provided by relatives and excluding day care furnished in places of worship during religious services. Care for fewer than four children will not be considered as child day-care services. This chapter identifies two levels of day-care services: family day-care homes and group day-care homes. (See also “family day-care homes” and “group day-care homes.”) [Added 2-5-1996 by Ord. No. 4201

CHURCH - A place of religious instruction andfor public worship.

CLINIC - Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight.

COMMISSION (or PLANNING COMMISSION) - The New Wilmington Borough Planning Commission of Lawrence County, Pennsylvania.

CONDITIONAL USE - A use permitted in a particular zoning district pursuant to the provisions of this chapter and the guidelines of the Pennsylvania Municipalities Planning Code. [Amended 2-5-1996 by Ord. No. 4201

COUNCIL- The Borough Council of the Borough of New Wilmington, Lawrence County, Pennsylvania.

COVERAGE- That percentage of the lot area covered by principal and accessory use structures.

DENSITY - The number of families housed on a lot or group of lots, divided by the area in acres of the lot or group of lots, computed exclusive of any portion of the right-of-way of any road.

DWELLING - Any building designed or used as permanent or temporary living quarters for one or more families and must conform to the requirements defined by “dwelling unit.” [Amended 5-7-2001 by Ord. No. 4531

DWELLING, MULTIFAMILY - A building containing three or more dwelling units and must conform to the requirements defined by “dwelling unit.” [Amended 2-2-1998 by Ord. No. 429; 5-7-2001 by Ord. No. 4531

DWELLING, SINGLE-FAMILY- A detached, permanent building on a permanent foundation, arranged or used for occupancy by one family, and must conform to the requirements defined by “dwelling unit.” [Amended 5-7-2001 by Ord. No. 4531

DWELLING, TWO-FAMILY - A detached permanent building containing two dwelling units, each of which is totally separated fiom the other, except where there may be a common stairwell to provide access to the separate units and must conform to the requirements defined by “dwelling unit.” [Added 2-2-1998 by Ord. No. 429; amended 5-7-2001 by Ord. No. 4531

DWELLING UNIT- One or more rooms for living purposes, together with separate cooking and sanitary facilities, used or intended to be used by one or more persons living together and maintaining a common household and accessible from the outdoors, either directly or through an entrance hall shared with other dwelling units.

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ELDERLY DAY CARE- Facilities which offer out-of-home care for persons over 55 years of age for part of a twenty-four-hour day, excluding care provided by relatives for four or more individuals. [Added 2-5-1996 by Ord. No. 4201

ESSENTIAL SERVICES - The erection, construction, alteration or maintenance by public utilities, municipal or other government agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or governmental agencies or for the public health and safety or general welfare, but not including buildings.

FAMILY - One or more persons related by blood, marriage or adoption, plus domestic servants, occupying a dwelling unit, including not more than two boarders, roomers or lodgers.

FAMILY DAY-CARE HOMES - A family residence in which day care is provided at any one time to four, five or six clients who are not relatives of the caregiver. [Added 2-5-1996 by Ord. No. 4201

FRATERNITY OR SORORITY HOUSE- A dwelling occupied by a group of men or women associated together to provide eating facilities or to provide space for recreation and such other purposes for which the group may be organized. Said organization must also have formal recognition by the college or other licensed institution of higher learning with which it is associated. [Amended 2-5-1996 by Ord. No. 4201

GARAGE, REPAIR (See also SERVICE STATION) - Premises where motor vehicles are serviced and repaired, including engine overhaul and body work.

GROUP DAY-CARE HOMES - Facilities in which care is provided for more than six but fewer than 12 persons at any one time, where the care areas are being used as a family residence. [Added 2-5-1996 by Ord. No. 4201

HOME OCCUPATION - Any use customarily carried on entirely within the dwelling by the occupants thereof, which use is clearly incidental and subordinate to the use of the dwelling for dwelling purposes and which does not change the residential character thereof. A home office home occupation is a use which is carried on completely within the principal residential structure, where there are no outside employees, where the exterior of the dwelling is not changed and which conforms to 5 275-23 of this chapter. [Amended 2-2-1998 by Ord. No. 4291

LIGHT MANUFACTURING- The processing or fabrication of certain materials and products which does not produce noise, vibration, air and water pollution, fire hazards or other disturbances or danger to neighboring properties.

LOADING SPACE - A portion of a lot usable for the standing, loading or unloading of motor vehicles and having a minimum dimension of 12 feet by 40 feet, with a vertical clearance of 14 feet.

LOT - A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as required by

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$ 275-6 ZONING Q 275-6 .

this chapter. Such a lot shall have frontage on a public street. (See also Article IV of this chapter . )

LOT, CORNER - A lot at the junction of and fronting on two or more intersecting street rights-of-way.

LOT, DEPTH OF - A mean horizontal distance between the front and rear lot lines.

LOT, MINIMUM AREA OF - The area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.

LOT OF RECORD - Any lot which individually, or as a part of a subdivision, has been recorded in the office of the Recorder of Deeds of Lawrence County as of the date of enactment of this chapter. (See also $275-13 of this chapter.)

LOT, WIDTH - The width of a lot shall be the distance between straight lines connecting the front and rear lot lines at each side of the lot, measured across the front of the lot, and shall extend back to the rear of the required front yard.

NONCONFORMING LOT - A lot, the area or dimension of which was lawful prior to the adoption or amendment of this Zoning 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. [Added 2-5-1996 by Ord. No. 4201

NONCONFORMING STRUCTURE- A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this Zoning Chapter or an amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. (See also Q 275-22 of this chapter.) [Amended 2-5-1996 by Ord. No. 4201

NONCONFORMING USE- A use, whether of land or of structure, which does not comply with the applicable use provisions in this Zoning Chapter or an amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. [Amended 2-5-1996 by Ord. No. 4201

PERMITTED USE- Any use of land and/or structure(s) in a district which is in conformity with the provisions of this chapter.

PERSONAL CARE BOARDING HOMES- Facilities which offer food, shelter and personal assistance for a period of more than 24 consecutive hours for four or more adult residents who are not relatives of the operator and where the residents do not require hospitalization or nursing facility care. [Added 2-5-1996 by Ord. No. 4201

PERSONAL SERVICES - Any enterprise which primarily offers service to the general public, such as shoe repair, valet services, watch repairing, barbershops, beauty parlors and related activities.

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0 275-6 NEW WILMINGTON CODE 4 275-6

PLANNING CODE - The Pennsylvania Municipalities Planning Code, Act 247 of 1968,l as the same may be amended from time to time.

PRIMARY STREET- Any street not classified as a secondary but not including any unimproved ways or lanes not part of the borough’s liquid fuel inventory and excluding college-owned private streets, except for Westminster Drive, College Drive, Gateway Road. [Added 5-7-2001 by Ord. No. 4531

PROFESSIONAL OFFICES - The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, engineers and similar occupations.

SCREENING - A fence, evergreen hedge or wall at least six feet high, provided in such a way that it will block a line of sight. The screening may consist either of one or several rows of bushes or trees or of a constructed fence or wall.

SECONDARY STREETS - [Added 5-7-2001 by Ord. No. 4531 Secondary streets are as follows:

A.

B. Haw Street.

C. Cherry Street.

D. Rain Street.

E. Jackson Street.

Church Street from High Street to Market Street.

F. Chestnut Street.

G. Landon Street.

H. Pine Street.

SERVICE STATION - A retail place of business, engaged primarily in the sale of motor fuels, but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist’s needs. These may include sale of petroleum products; sale and service of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performing of minor automotive maintenance and repair; and the supplying of other incidental customer services and products.

SIGN - Any structure or device to attract attention by word or graphic display, including temporary or portable signs.

SPECIAL EXCEPTION- A modification of the regulations of this chapter which the Board is permitted to authorize in specific instances listed in this chapter, under the terms, procedures and conditions prescribed herein.

STRUCTURE- Anything constructed or erected, the use of which requires a fixed location on $e ground, or an attachment to something having a fixed location on the

Editor’s Note: See 53 P.S. 5 10101 et seq.

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ground, including, in addition to buildings, billboards, carports, fences, porches and other building features, but not including sidewalks, drives or patios.

VARIANCE - Relief granted pursuant to the provisions of Section 603 of this chapter and the appropriate elements of the Pennsylvania Municipalities Planning Code. (See also Q 275-37 of this chapter.) [Amended 2-5-1996 by Ord. No. 4201

YARD- Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings or such projections as are expressly permitted by this chapter. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line or road right-of-way line and the nearest point of the structure.

YARD, FRONT - An open space extending the full width of the lot between the structure and the road right-of-way line.

YARD, REAR - An open space extending the full width of the lot between the structure and the rear lot line.

YARD, SIDE - An open space extending from the front yard to the rear yard between a structure and the nearest side lot line.

ZONING CERTIFICATE - The written authorization issued by the Zoning Officer for the use of land or a building or other structures.

ZONING MAP - The map containing the zoning districts of New Wilmington Borough, Lawrence County, Pennsylvania, together with all amendments subsequently adopted.

ZONING OFFICER - The Zoning Officer or an authorized representative appointed by the New ‘Wilmington Borough Council, Lawrence County, Pennsylvania.

ARTICLE 111 District Regulations

0 275-7. Zoning Map.

A map entitled “New Wilmington Borough Zoning Map” is hereby adopted as part of this chapter. The Zoning Map shall be kept on file, available for examination, at the Borough Building.

0 275-8. Zoning districts enumerated.

The borough is divided into various districts as set forth by this chapter and as shown by the district boundaries on the Zoning Map. The districts are:

A. [Amended 2-5-1996 by Ord. No. 420; 5-7-2001 by Ord. No. 4531 Residential districts. In any residential district, only one principle use per lot will be allowed. These zones are designated for residential occupancy and such uses which are normally associated with neighborhoods. Such uses may include schools, churches and parks. The specific purpose for each of the residential districts is as follows:

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B.

C.

(1) A-Residence District: These zones are designated for low-density single-family dwelling and complementary uses.

(2) B-Residence District: The B-Residence Zone is also a residential district, but it permits two-family dwellings with multifamily dwellings permitted as a special exception. In addition, uses complementary to residential structures are allowed.

(3) B-1 Residence District: The B-1 Residence Zone is similar to the B-Residence District, with the addition of other related activities.

C-Commercial District: This district is designed to accommodate a wide variety of commercial uses within the borough. Although primarily designated to accommodate retail services in the borough commercial core, residential uses and mixed residentialkommercial uses will be permitted.

D-Industrial District: This district is designed to allow the development of a mixture of industrial uses within the borough’s limits. Such development is to be placed so there is a minimum of conflict with residential and commercial uses.

0 275-9. District boundaries.

The boundaries between districts are the center lines of streets, alleys, railroad rights-of-ways, streams, or such lines extended or lines parallel thereto or concentric therewith, or property lines when proximate thereto or may be lines otherwise indicated on the Zoning Map. Any person aggrieved by the interpretation of the Zoning Map by the Zoning Officer concerning the location of the district boundary may appeal to the Zoning Hearing Board, and the Zoning Hearing Board shall determine the location of the district boundary.

0 275-10. District regulations.

Permitted uses, conditional uses and special exceptions for each district are listed in Table A;2 lot and yard dimensions, maximum height of structure and maximum lot coverage are specified for each district in Table B.3 Any use not expressly listed for a district is prohibited in that district. Conditional uses require approval of the New Wilmington Borough Council, after recommendation by the Planning Commission, whereas permitted uses require only normal application procedures. Special exceptions require the approval of the Zoning Hearing Board, which may provide for such additional reasonable conditions as are deemed necessary. Uses which are normally accessory to the declared permitted uses are also permitted.

0 275-11. Guidelines and criteria for conditional uses and special exceptions.

A. Conditional uses may be granted or denied by the Borough Council after a review and recommendations by the New Wilmington Borough Planning Commission. In addition to determining compliance of the proposed conditional use with the guidelines and expressed

Editor’s Note: Table A is included at the end of this chapter.

Editor’s Note: Table B is included at the end of this chapter.

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criteria as set forth by this chapter, the Borough Council may also set forth reasonable conditions for approval which it feels are necessary to preserve and protect the neighborhood. Special exceptions may be granted 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 reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and to protect the neighborhood. In addition to the specific criteria that must be considered by the Borough Council in granting conditional uses and by the Zoning Hearing Board in granting special exceptions, these bodies are charged with considering the effect such proposed uses will have upon the immediate neighborhood. The preservation and integrity of existing development in neighborhoods must be carefully weighed and given priority in each decision.

B. Special criteria to be followed in granting either a conditional use or a special exception are as follows:

(1) Home occupations. Home occupations are potential intrusions upon residential areas and as such are to be reviewed closely and permitted only upon strict adherence to the guidelines and criteria of this chapter. Such uses must:

(a) Provide adequate off-street parking. If a specific use is not noted in Q 275-19, then the Board shall use similar uses in setting forth requirements.

(b) The nature of the home occupation shall not change the outward characteristics of the home as a residential unit. Not more than 30% of the residence can be used for the home occupation.

(c) There shall be no exterior display or sign other than that permitted by 0 275-22 of this chapter. Additional regulations are found in Q 275-23.

(2) Public utility buildings. Public utility buildings shall be allowed, but shall be required to provide reasonable yard space and shall be suitably landscaped. In the interest of public safety, height limitations for fences surrounding such installations are hereby waived.

(3) Fraternity and sorority houses shall be required to meet the following requirements:

(a) Minimum lot area: one acre.

(b) Minimum yard spaces.

[l] Front yard: 30 feet.

[2] Rear yard: 30 feet.

[3] Side yards: 20 feet each.

(c) The parking requirements per Article IV of this chapter must be met. In addition, the parkinghehicular access plan must be reviewed by the Borough Police and Fire Company.

(d) Screening shall be required for all yards which abut residential uses.

(4) Hospitals. Hospitals, rest home and nursing homes shall:

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(a) Have a lot size of at least two acres.

(b) Provide front, rear and side yards of at least 50 feet.

(c) Provide screening along any side which abuts an existing residential use.

(d) Submit the parking plan and the vehicular circulation plan to the Borough Police and Fire Company for review and recommendation.

(e) Strictly observe all required parking and loadinghnloading requirements.

(5 ) Multifamily dwellings: family and elderly. [Amended 8-31-1998 by Ord. No. 4311

All multifamily dwellings shall provide for off-street parking facilities as required by this chapter. However, in no event shall the required front yard be used for vehicular parking.

All multifamily dwellings will be allowed only in areas where both public sewers and water are available to the site.

As used in this chapter, the term “elderly housing” or similar terms shall mean residential dwelling units where at least one occupant has reached the age of 62 years and any other occupant of the dwelling unit is related by blood or marriage to the occupant who has reached the age of 62.

Except as otherwise provided in this Subsection B(5), elderly housing units will be permitted in densities of 15 dwelling units per acre and must meet the requirements of Subsection B(5)(f) below.

If elderly housing units are part of a facility which provides a continuum of care services, that is, a facility providing support and care options at various levels, including residential supportive housing, retirement living, personal care and nursing care as licensed by the Commonwealth of Pennsylvania, all of which are in close proximity (if not attached) and located upon one plot (or a combination of contiguous lots) not divided by public street(s) or by any other use, then the maximum density may be increased to 36 dwelling units per acre, provided that the requirements of Subsection B(5)(f) below are met.

Elderly housing multifamily units designed for the elderly, including elderly housing units developed in conjunction with the uses noted in Subsection B(5)(e) above, must be supported by adequate proof and documentation supplied by the owner and operator that they are designed for the elderly, are devoted exclusively for such use and, where necessary, are licensed as applicable, and actually offer the supportive services mentioned above in Subsection B(5)(e).

(6) Public and private schools.

(a) Such uses must provide adequate off-street parking and loading areas. Further the vehicular ingress and egress to such areas shall be reviewed to determine the effect on traffic safety and circulation.

(b) All parking, outdoor recreation or playground facilities shall be effectively screened from abutting residential properties.

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(7) Service stations.

(a) Service stations shall have a lot size of at least one acre with a lot depth of at least 200 feet and a width of at least 150 feet.

(b) Gasoline pumps or other devices for dispensing motor fuel shall be at least 50 feet from the nearest adjoining lot line.

(c) No vehicular storage shall be permitted on public rights-of-way.

(d) Vehicular circulation plans shall be reviewed by the Borough Police and Fire Company.

(e) Facilities for the proper storage of trash and tires will be required.

(f) All yards which abut residential uses must have screening.

(8) Service garages.

(a) All service garages shall be constructed so that all activities and all storage shall be inside the building.

(b) Items listed in Subsection B(7)(b) through and including (f) above for service stations must also be met.

(9) Residence as a secondary use. This use is designed for the Commercial District in order to allow residential uses in buildings whose main function is commercial, subject to the following conditions:

(a) Any new use of a commercial structure for secondary residential shall adhere to the following criteria:

[ l ] The commercial use shall meet the minimum lot area required for the district and the intended use.

[2] Each secondary residential dwelling shall require an additional 1,500 square feet of lot space.

[3] At least one parking space per dwelling unit is required in addition to the parking required for the commercial use.

(b) To increase the number of secondary dwelling units within an existing commercial structure, the owner must show the lot to meet the square footage and parking requirements as set above (i.e., at least 10,000 square feet, plus 1,500 square feet for each dwelling unit) and provide one parking space per dwelling unit.

(10) Professional offices. Professional offices in residential areas shall be subject to the following regulations:

(a) Adequate off-street parking shall be provided, with screening required along adjoining residential lot lines.

(b) There shall be no exterior display other than that permitted by 0 275-22 of this chapter.

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(c) Restriction on the hours of operation will be considered when necessary to protect the neighborhood.

[Amended 6-2-1986 by Ord. No. 3901 Bed-and-breakfast establishments. Bed-and- breakfasts shall be subject to the following regulations:

Off-street parking shall be required as specified in Article N (See Q 275-19 thereof), with a minimum requirement of one parking space for each guest unit, plus an additional parking space for the proprietor, and with the further provision that no front yard parking will be permitted.

There will be no exterior display other than that permitted by Q 275-22.

Screening will be required where a yard abuts another residential property.

Alterations to the structure that change its exterior dimensions are prohibited.

All required state licenses shall be presented prior to approval being given.

The building to be used as the bed-and-breakfast shall also be the principal residence of the proprietor(s). “Proprietor” is herein defined as the person who is financially at risk through the method of operation of the bed-and-breakfast, as contrasted with the owner of the real estate whose rent might not be affected by inefficient methods of operation of the business conducted upon the premises owned by him.

[Added 2-5-1996 by Ord. No 4201 Juvenile boarding homes. The purpose of these facilities is to provide nonsecure child care in a residential setting. Typically, the children in such homes are placed in them by the courts, county or state agencies or parents.

Such uses shall provide a lot of at least two acres in size.

Minimum front, side and rear yards are to be at least 35 feet with a ten-foot area of evergreen screening. No formal play areas are to be allowed in these side and rear yard areas.

Such facilities shall not have any more than 12 children at any one time. All children must be under the age of 18.

Such uses are considered as a principal use and only one per lot of record will be permitted. There shall be a radius of at least 1,500 linear feet between this and any similar use.

Staff parking shall be provided on the lot at a ratio of one space for each employee (as measured at the largest shift). At least one additional parking space per each four children housed will be required for visitors.

Such facilities will not be approved until evidence of compliance and approval by the Pennsylvania Department of Welfare, the Pennsylvania Department of Labor and Industry and other appropriate regulatory agencies is presented. If such approvals are pending at the time of hearing, occupancy and use of the facility will not be allowed until final and documented approvals are filed with the borough.

27514 7 - 20 - 2001

8 275-11 ZONING 8 275-1 1

1 I - 1 I . !

(13) [Added 2-5-1996 by Ord. No. 4201 Personal care boarding homes. The purpose of such homes is to provide residences for individuals in a homelike setting. Consequently, it is essential to maintain an exterior appearance that is in harmony with surrounding residences. Personal care boarding homes are facilities which offer food, shelter and personal assistance for a period of more than 24 consecutive hours for four or more adult residents who are not relatives of the operator and where the residents do not require hospitalization or nursing facility care. In addition, such uses shall meet the following conditions:

There shall be no sign or exterior display beyond the name of the home or its use, no larger than two feet by three feet. (See 8 275-22.)

At least one additional on-lot parking space shall be provided for each four guests and one additional space for each nonresident employee.

No home shall admit more than eight clients at any one time.

Required local, county andor state certifications shall be presented to the Board. Specially included are to be permits from the Pennsylvania Departments of Welfare and Labor and Industry.

All uses shall be served by a community sewer system and have an adequate water supply for the proposed number of patrons.

(14) [Added 2-5-1996 by Ord. No. 4201 Day-care. Day-care services for children have two separate types: family day-care homes and group day-care homes. (See Article IT for definitions.) These uses shall be allowed, provided that the following criteria are met:

(a) Any outdoor play area shall be effectively screened from abutting properties.

(b) For all new construction and, where feasible, for existing structures, circular driveways shall be provided to deliver and pick up children. These will be for the safety of the children and the protection of the neighborhood.

(c) One parking space for each nonresident employee shall be required.

(d) The operator shall secure and keep current all permits from the commonwealth or other licensing agencies.

(15) [Added 2-5-1996 by Ord. No 4201 Elderly day-care. Elderly day-care is to provide care for older persons in a home-type setting for less than a twenty-four-hour day. Such uses shall meet the following criteria:

(a) One parking space for each nonresident employee shall be required.

(b) No more than eight guests at any one time shall be permitted.

(c) Where possible, an off-street drive for the discharge and pick up of guests shall be provided.

(16) [Added 5-7-2001 by Ord. No. 4531 Adult use business. Such business:

275 15 7 - 20 -2001

0 275-11 NEW WLMINGTON CODE 0 275-12

i"

. (a) Must have a current, valid license from the borough as required under Chapter

188 of this Code.

(b) Shall be at least 250 feet from any school or church.

(c) Shall be at least 250 feet from any other adult use business.

(17) [Added 5-7-2001 by Ord. No. 4531 Funeral parlors. Funeral parlors shall meet the following criteria:

(a) The lot size shall be not less than 10,000 square feet.

(b) At least 20 paved, on-lot parking spaces shall be provided, with an additional five spaces for each additional viewing parlor after the first two.

(c) The driveway system shall be arranged so the hearse and funeral cortege formation will be taken on the lot and not on a public street.

>

ARTICLE N Supplementary Regulations

0 275-12. Nonconforming uses.

The following provisions shall apply to all nonconforming uses and structures.

A.

B.

C.

D.

Any nonconforming use may be continued but may not be extended or expanded or changed unless to a conforming use, except as permitted by the Board in accordance with the provisions of this chapter. Any change in use permitted by the Zoning Hearing Board shall be only to a nonconforming use of the same or a more restricted classification. [Amended 1-3-2000 by Ord. No. 4431

Any nonconforming building may be reconstructed and used as before, if such reconstruction is performed within 12 months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content. If approved by the Board, a reconstructed structure may exceed its original lot coverage and cubic content, but must meet minimum yard requirements of the district in which the structure is located. It also must meet the off-street parking and loading requirements of this chapter. Nonconforming signs shall not be replaced.

In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, such nonconforming use shall not be resumed, and any future use shall be in conformity with the provisions of this chapter.

The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming building or structure may, with the approval of the Board, be extended, enlarged or replaced, but must meet the minimum yard requirements and height regulations of the district in which the structure is located and must meet the off-street parking and loading requirements of this chapter.

275 16 7 - 20 - 2001

0 275-12

E.

F.

G.

H.

I.

J.

ZONING ' 0 275-13

Nothing contained herein shall require any change in the. overall layout, plans, construction, size or designated use of any development, buili ing, structure or part thereof for which official approval and required permits have been granted or, where no approvals are necessary, where construction has been legally started before the enactment of this chapter and completed within a one-year period.

Any structure or portion thereof declared unsafe by a proper authority shall be restored to a safe condition.

Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, this article shall also apply to any uses which thereby become nonconforming.

A property owner may request a certificate of nonconformity. Such a request must be accompanied by sufficient documentation to sustain the claim of nonconformance. If sustained, a certificate shall be issued. If, however, the claim is not proved by the documentation submitted or if there is a reasonable question thereon, the Zoning Officer shall refuse such certificate. Appeal to the Zoning Hearing Board can be made if desired after the Zoning Officer's decision. [Amended 2-5-1996 by Ord. No. 4201

0 275-12.1. Individual mobile homes. [Added 7-5-2000 by Ord. No. 4461

Such uses must meet all yard and lot requirements of this chapter. In addition, the unit shall be placed upon a perimeter foundation with footer below the frost line and shall have permanent hookups to sanitary sewer, water and other utilities. Any mobile home built prior to June of 1974 or which lacks proof of compliance with the National Manufactured Home Construction and Standards Act of 1974 must comply with all borough building codes. For perimeter specifications, please see NCS BCS A225.1, ANSI A225.1-1987 or subsequent updates to same. NOTE: NCS BCS = National Conference of States on Building Codes and Standards, Inc .

0 275-13. Existing lots of record.

A. Any lot of record existing at the effective date of this chapter, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its dimensions are less than the minimum requirements of this chapter, except as set forth hereafter. Where two or more adjacent lots of record with less than the required area and width are held by one owner on or before the date of enactment of this chapter, the request for a permit shall be referred to the Zoning Hearing Board, which may require

Editor's Note: Former Subsection E, concerning a nonconforming use of a building when no exterior structural alterations are made, was repealed 1-3-2000 by Ord. No. 443.

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0 275~13 NEW WTLMINGTON CODE 0 275-14

replatting to fewer lots which would comply with the minimum requirements of this chapter.

B. No provision of Table B5 of this Zoning Chapter relating to side and rear yard requirements shall prevent the reasonable use of a lot of record. The Zoning Officer may grant a reduction in the requirement for side yards and rear yards for lots of record which lack required lot width. However, in no event may such yard dimensions be reduced by more than 30% of that required by Table B, without the approval of the Zoning Hearing Board.

0 275-14. Application of yard requirements.

A.

B.

C.

D.

[Amended 5-7-2001 by Ord. No. 4531 Front yards. Where a lot fronts on more than one street, the following criteria shall apply:

(1) If all frontages are along primary streets, the lot shall provide front yard setbacks along every street. Side and rear yards shall be determined by the orientation of the lot in question as well as the orientation of other lots in the immediate area.

(2) If the lot abuts both primary and secondary streets, the front yard shall be required on the primary streets, and yards abutting secondary streets shall be classified as either side or rear yards. The Zoning Officer shall make this determination, depending upon the orientation of the lot in question as well as the orientation of other lots in the immediate area.

(3) If a lot abuts only secondary streets, the front, side and rear yard shall be determined by the orientation of other lots in the immediate area.

All structures, whether attached to the principal structure or not and whether open or enclosed, including porches, carports, balconies or platfonns above normal grade level, shall not project into any minimum front, side or rear yard.

Fences and walls. A wall or fence under four feet in height and paved terraces without walls, roofs or other enclosures may be erected within the limits of any yard, subject to the limitations of this chapter. In rear and side yards, behind the front face of the principal structure, fences may be extended to six feet in height subject to the limitations of this chapter. Retaining walls and fences required by this chapter for screening may be exempt from these height limitations. [Amended by 2-2-1998 by Ord. No. 4291

Nonresidential buildings hereafter constructed or uses hereafter established shall not be located or constructed closer to any lot line in or adjacent to any of the residential districts than the distance specified in the following schedule:

~~

Editor’s Note: Table B is included at the end of this chapter.

275 18 7 - 20 -2001

j i

I -

I

! I . I

~ 0 275-14 ZONING ’ 8 275-17

Use Minimum Side or Rear Yard

Off-street parking spaces and access drives for nonresidential uses

All other nonresidential uses or structures

10 feet

20 feet

E. Accessory buildings. Accessory buildings shall be in rear yard areas. They must observe side yard requirements and be no closer than five feet from the rear lot line. In residential districts, no accessory buildings shall exceed 16 feet in height. [Amended 2-2-1998 by Ord. No. 4291

Buffer yards. Where a commercial use adjoins a residence district, a buffer yard of not less than 25 feet shall be required between the commercial building and the adjoining residential district lot line. Said yard space is to be suitably landscaped and maintained. Where an industrial district adjoins a residence district, a buffer yard at least 100 feet deep and 50 feet wide shall be required. Said buffer yard shall be suitably planted and maintained in vegetative growth.

G. On a parcel abutting two neighboring lots, each of which has existing buildings, the required front yard for such parcel shall be the lesser of that required by this chapter or the average setbacks of the principal buildings of the two abutting parcels. [Added 2-2-1998 hy Ord. No. 4291

F.

0 275-15. Temporary structures. [Amended 5-7-2001 by Ord. No. 4531

Temporary structures in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Pennits for temporary structures shall be issued for a six-month period, but such permits will automatically terminate when the construction work is completed, whichever is the earlier.

0 275-16. Residing in basement structures.

Residing in basement or foundation structures before completion of the total structure shall not be permitted.

0 275-17. Height limitations.

The following structures are exempt from height regulations, provided that they do not constitute a hazard to an established airport: television and radio towers, church spires, chimneys, elevator bulkheads, smokestacks, conveyers, flagpoles, silos, standpipes, elevated water tanks, demcks and similar structures.

i

_ .

27519 7 - 20 - 2001

275-18 NEW WILMINGTON CODE

0 275-18. Performance standards.

No use, land or structure in any district shall involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or person in the borough. Furthermore, every use of land or structure in any district must observe the following performance requirements :

A.

B.

C.

D.

E.

F.

G.

H.

1.

Fire protection. Fire protection and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.

Electrical disturbances. No activity shall cause electrical disturbances adversely affecting radio, television or other electronic equipment in the neighboring area.

Noise. Noise which is determined to be objectionable because of the volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for the public purposes, which shall be exempt from this requirement.

Smoke. The maximum amount of smoke emission permissible shall be determined by use of the standards issued by the United States Bureau of Mines, the United States Environmental Protection Agency, the Pennsylvania Department of Environmental Resources or such entity as may have appropriate jurisdiction. [Amended 2-5-1996 by Ord. No. 4201

Odors. In any district except the Industrial District, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. This shall not apply to any form of fertilizer in districts where agriculture is a permitted use.

Air pollution. No pollution of air by fly ash, dust, vapors or other substances shall be permitted which is harmful to health, to animals, to vegetation or .to other property.

Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.

Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.

Water pollution. The method for discharging wastes to public sewers, drains or watercourses shall be acceptable under the provisions of the Pennsylvania Sewage Facilities Act (Act 537 of 1968),6 as the same may be amended from time to time. In cases involving performance standards, the Board may require a plan of the proposed construction or development, a description of machinery proposed and specifications for the mechanisms and techniques to be used; and the Board may obtain qualified expert consultants to testify as to whether a proposed use will conform to the performance requirements. [Amended 2-5-1996 by Ord. No. 4201

Editor’s Note: See 35 P.S. 8 750.1 et seq.

27520 7 - 20 - 2001

. :. 5 275-19 ZONING Q 275-19

5 275-19. Off-street loading and parking.

Off-street loading and parking spaces shall be provided in accordance with the specifications in this section in all districts whenever any new use is established or an existing-one-is enlarged.

A. Off-street loading. -

(1) Every use which requires the receipt or distribution, by vehicle, of material or merchandise shall provide off-street loading berths in accordance with the table which follows:

OFF-STREET LOADING SPACE REQUIREMENTS----- -.. -

Square Feet of Required Off-street Uses Floor Area - Loading Berths

Schools 15,000 or more 1

Hospitals (in addi- 10,000 to 300,000 1 tion to space for additional ambulance) Over 300,000 1

- . - _ _ _ _ -

Undertaker and funeral 5,000 - - -1 __

Hotels and offices 10,000 or more 1

Commercial, whole- Up to 25,000 1 sale, manufacturing 25,000 to 40,000 2 and storage 40,000 to 60,000 - 3

parlors

60,000to 100,000 - - - - - - 4 For each addi- tional 50,000 or major fraction thereof

1 additional __

(2) Each loading space shall be not less than 12 feet in width, 40 feet in length and 14 feet in height and designed so as not to encroach upon the public right-of-way.

B. Off-street parking.

(1) Size and access. Each off-street parking space shall have a uniform width of at least nine feet and an area of not less than 180 square feet, exclusive of access drives or aisles, and be in a usable shape and condition. Except in the case of dwellings, no parking area shall contain fewer than three spaces. Par?.ing areas shall be designed to provide sufficient turnaround areas so that vehicles are not required to back onto public streets. Where a lot does not abut on a public or private alley or easement or access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Access drives shall be limited to several well defined locations, and in no case shall there be unrestricted access along the length of a street or alley. Parking areas for multifamily dwellings shall not encroach upon the front yard area. [Amended 5-7-2001 by Ord. No. 4531

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§ 275-19 NEW WILMINGTON- CODE . 0 275-19

(2) Number of parking spaces required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.

OFF-STREET PARKING SPACE REQUIREMENTS

Uses Required

Automobile laundry

Automobile sales and garages

2-2-1998 by Ord. No. 4291 Service stations [Amended

Dwellings

Apartment houses [Amended 2-2-1998 by Ord. No. 4291

Rooming, boarding and tourist houses'

Hotels and motels'

Funeral homes, mortuaries

Hospitals, nursing and convalescent homes, based upon the peak shift

.-

Churches and schools

Sports arenas, stadiums, theaters, auditoriums and assembly halls

social halls Community buildings and

Dance halls, roller rinks, clubs and lodges

Bowling alleys

Banks and offices [Amended 2-2-1998 by Ord. No. 4291

Number of Parking Spaces

5 for each wash lane

1 for each 400 square feet of floor area

1 for each 200 square feet of floor or ground area devoted to repair or service facilities

2 for each family, including garage space

2 for each dwelling unit

1 for each guest room

1 for each guest room

10 for first parlor, 5 for each additional parlor

1 for each bed for visitors and 1 for each 1.5 employees (including staff)

1 for each 3 seats in an auditorium or other place of public or private assembly or 1 for each 17 classroom seats, whichever is greater

1 for each 3 seats

1 for each 50 square feet of floor area

1 for each 100 square feet of floor

8 for each alley

1 for each 250 square feet of floor area

area

27522 7 -20 - 2001

. * Q 275-19

: ZONING Q 275-19

J

I

Uses Required Number of Parking Spaces

Medical offices

Dental offices

8 for each doctor

5 for each dentist

Retail stores and shops [Amended 2-2-1998 by Ord. No. 4291

1 for each 200 square feet of floor area

Furniture and appliance stores [Amended 2-2-1998 area by Ord. No. 4291

Food supermarkets [Amended 2-2-1998 by Ord. No. 4291

Sororities or fraternities

Restaurants and taverns

1 for each 350 square feet of floor

I 1 for each 200 square feet of floor area

1 for each resident

1 for each 2 seats

Swimming pools

Industrial and manufacturing

Wholesale warehouses and

establishments

truck terminals

1 for each 3 persons for whom baskets or lockers are provided

1.2 for each employee on the major shift

1.2 for each employee on the major shift

NOTES: ‘If a motel has restaurant facilities included, it must also comply with the off-street parking provisions for restaurant and taverns.

(3) Location of parking area. Required parking spaces shall be located on the same lot with the principal use. The Zoning Hearing Board may permit parking spaces to be located not more than 200 feet distance from the lot of the principal use, if the Board finds that it is impractical to provide parking on the same lot with the principal use. In residential districts, parking shall not be accommodated in the front yard space except in driveways. [Amended 2-2-1998 by Ord. No. 4291

C. Screening and landscaping. Off-street parking areas for more than five vehicles and off- street loading areas shall be effectively screened on each side which adjoins or faces any residential district. (See definition of “screening.”)

D. Minimum distance and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than 10 feet to any adjoining property containing a dwelling, school, hospital, or similar institution and in accordance with Q 275-14D of this chapter.

E. Surfacing. With the exception of dwellings, all parking and loading areas and access drives shall have a paved surface, graded and drained to dispose of all surface water and designed to provide for orderly and safe loading and parking (Stormwater Management Program General Ordinance No. 428). [Amended 2-2-1998 by Ord. No. 4291

27523 7 - 20 - 2001

NEW WILMINGTON CODE 8 275-22

F. Lighting. Any lighting used to illuminate off-street parking or loading areas shall be

and away from roads or highways. , arranged so as to reflect the light away from adjoining premises of any residential district I

0 275-20. Water recreation and storage areas.

Any facility for water recreation, such as private swimming pools, swimming clubs and commercial fishing ponds, or any other water storage facility, such as reservoirs, fish hatcheries, sewage lagoons and farm ponds, shall comply with the following regulations:

A. The facility must meet the yard requirements for the applicable district.

B. Before a permit shall be issued to the operator or owner of the facility, a plan shall be approved by the Borough Council, after recommendations by the Planning Commission as to the size of the facility, proposed use, parking arrangements and the use of buildings on the site, surrounding properties and their usage and any other pertinent information.

C. Adequate screening shall be provided.

D. Where required, each facility shall secure the necessary permit(s) from the Pennsylvania Department of Environmental Resources.

0 275-21. Swimming pools. [Added 2-2-1998 by Ord. No. 4291

Private swimming pools shall be permitted as an accessory use in any residential district. These regulations shall apply to all in-ground pools and aboveground pools 12 feet or more in width. The following conditions shall apply:

A. The pool shall be used solely for the personal use of the occupants of the principal use.

B. The pool, including its accessory structures, surrounding walks, patios, etc., shall not be any closer than 20 feet to any lot line.

C. In-ground swimming pool areas shall be enclosed by a fence at least four feet high. Openings in the barrier shall be less than four inches in diameter. Fencing shall be designed to discourage climbing by small children. (See recommendations of the Consumer Products Safety Commission.) Entry to the pool shall be via a self-latching gate. Aboveground pools shall afford similar protection. Any ladder or steps used to access aboveground pools shall be designed to prevent unsupervised access by small children.

D. Pools shall be allowed in rear yards only.

0 275-22. Signs.

No sign, billboard or exterior graphic display shall be permitted in any district except as herein provided.

A. In any district a sign not exceeding two square feet in surface'size, which announces the name, address or professional activity of the occupant of the premises on which said sign is located, is permitted. [Amended 5-7-2001 by Ord. No. 4531

27524 7 - 20 - 2001

, . ..,, .. i 8 215-22 ZONING 8 215-22

I ’.

1 . ._ J i

B.

C.

D.

E.

F.

G.

A bulletin board not exceeding 40 square feet in connection with any church, school or similar public structure is permitted. See Subsection F below.

A temporary real estate development or construction sign, not more than 32 square feet in area, is permitted on the property being sold, leased or developed. Real estate “for sale” or “for rent” signs, up to four square feet, shall be allowed in any district. Such signs shall be at least 12 feet from the street curb, but in no event shall they impede clear sight triangles at intersections. All such temporary signs shall be removed within two weeks after they have fulfilled their function (that is, the sale or rental of real estate). [Amended 2-2-1998 by Ord. No. 429; 5-7-2001 by Ord. No. 4531

Signs shall be permitted in connection with any commercial activity or industry when located on the same premises and if they meet the following requirements:

(1) Signs shall not contain information or advertising for any product not sold on the premises.

(2) Signs shall not have a combined aggregate surface size greater than 14’2 square feet for each foot of width of the principal structure on the premises.

(3) [Amended 2-2-1998 by Ord. No. 4291 Overhead signs. In the commercial area, overhead signs shall be permitted. Signs attached to a wall which project in such a manner that the faces of the sign form an angle of approximately 90” with the wall shall be permitted in the Commercial District, subject to the following regulations:

(a) Such signs shall not project more than six feet from the wall.

(b) Only one such sign shall be permitted per enterprise.

(c) Such sign shall be nonglaring and nonmoving.

(d) There shall be a minimum height from the curb level to the bottom of the sign of nine feet.

(e) The sign shall have a maximum area of 16 square feet on each face.

(4) Signs and structures shall not be illuminated in any manner which causes undue distraction, confusion or hazard to vehicular traffic.

Directional signs not larger than four square feet, in connection with any legal commercial activity or industry, may be permitted by the Board as a special exception, provided that they contain no information other than instructions for convenience of vehicular traffic in reaching such activity.

Signs in the Commercial District shall be no closer than three feet to the front lot line and shall not block the vision of motorists at an intersection. Signs in the Industrial District shall be no closer than 20 feet to the front lot line. In residential districts, signs shall adhere to the front yard requirements. [Amended 4-3-2000 by Ord. No. 4441

[Added 5-7-2001 by Ord. No. 4531 Signs shall not be permitted on Borough property except:

(1) Those posted by the Borough itself; and

27525 2 - 1 - 2004

9 275-22 NEW WILMINGTON CODE 8 275-24

(2) Upon permission granted by the Council Administrator, those announcing charitable events.

0 275-23. Home occupations.

A. A home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. The following additional conditions shall be observed:

(1) The occupation is customarily carried on in a dwelling unit or in a building accessory to a dwelling unit.

(2) The occupation is camed on by a member of the family residing in the dwelling unit, with not more than one employee not living on the premises. [Amended 2-2-1998 by Ord. No. 4291

(3) The occupation is carried on wholly within the principal building. [Amended 2-2-1998 by Ord. No. 4291

(4) There shall be no exterior display, exterior sign, other than permitted by 8 275-22 of this chapter, no exterior storage of material and no exterior indication of the home occupation or variation from the residential character of the principal building.

(5) There shall be no exterior alterations which are not customary in residential buildings.

(6) No offensive odor, no vibration, smoke, dust, heat, noise or glare shall be produced.

(7) There shall be no commodity sold which is produced elsewhere than on the premises, except those items clearly incidental to the home occupation.

(8) The occupation shall occupy no more than 30% of the principal building.

(9) Adequate off-street parking shall be provided for all employees.

(10) There shall be only one home occupation per dwelling. [Added 2-2-1998 by Ord. No. 4291

B. Home occupations may include, but are not limited to: studios, dressmakers, dentists, lawyers, accountants or the teaching of musical instruments limited to one pupil at a time. However, a home occupation shall not be interpreted to include, for instance, commercial stables and kennels, restaurants or repair services. [Amended 2-2-1998 by Ord. No. 4291

0 275-24. Home office. [Added 2-2-1998 by Ord. No 4291

A home office shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. It shall primarily consist of office-type uses which have few, if any, clients call. The following additional conditions shall be observed:

A. The office occupation is carried on in the dwelling unit.

B. The occupation is carried on by a member of the family residing in the dwelling unit, with no outside employee.

C. The occupation is primarily office in nature.

27526 2-1-2004

0 275-24 ' ZONING 9 275-25

D. There shall be no exterior display or exterior sign, no exterior storage of materials and no exterior indication of the home occupation or variation from the residential character of the principal structure.

E. No offensive odor and no vibration, smoke, dust, heat or glare shall be produced.

F. There shall be no commodity sold on the premises.

G. The occupation shall occupy no more than 30% of the principal structure.

0 275-25. Communications towers and antennas. [Added 7-6-1998 by Ord. No. 4321

A. Definitions. I t is the purpose of this subsection to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the provisions of these regulations in order to assist any interpretations of said provisions and to ensure uniformity of application. It is intended that the following words, terms and phrases, whenever used, shall be construed as defined in the following subsection, unless, from the context, a different meaning is clearly intended.

COMMUNICATIONS ANTENNA - Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communication signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such devices. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio equipment.

COMMUNICATIONS EQUIPMENT BUILDING- An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.

COMMUNICATIONS TOWER - A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.

ESSENTIAL SERVICES - The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas, as defined herein.

HEIGHT OF A COMMUNICATIONS TOWER- The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.

PUBLIC UTILITY TRANSMISSION TOWER - A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.

STRUCTURE- Any thing built, constructed or erected which requires location on the ground or attachment to something located on the ground.

i I : 27527 7 - 20 -2001

-<*

8 275-25 NEW WlLMINGTON CODE 9 275-25

B. Permitted use.

When the conditions of Subsection C(1) through (10) are met, by right, communications antennas, mounted on an existing public utility transmission tower, building or other structure, and communications equipment buildings are a permitted use.

Communications towers are a permitted use when all of the conditions of Subsections C and D.have been met.

C. Regulations covering communications antennas and communications equipment buildings.

Building-mounted communications antennas shall not be located on any single-family dwelling or multifamily dwelling.

Building-mounted communications antennas shall be permitted.

Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.

Directional or panel communications antennas shall not exceed five feet in height and three feet in width.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Borough Engineer, with a fee sufficient to cover costs.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence or agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.

Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

Communications antennas shall not cause radio frequency interference with other communications facilities located in New Wilmington Borough.

(10) The owner or operator of communications antennas shall be licensed by the Federal

D. Standards for new communications towers.

Communications Commission to operate such antennas.

27528 7 - 20 - 2001

Q 275i25 ZONING Q 275-25

The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.

The applicant shall demonstrate that the proposed communications tower and the communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.

Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-fourth-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

(a) The proposed antennas and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

(b) The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure, and the interference cannot be prevented at a reasonable cost.

(c) Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

(d) Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(e) A commercially reasonable agreement could not be reached with the owners of such structures.

Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet, with a dust-free, all-weather surface for its entire length.

A communications tower may be located on a lot occupied by other principal structures.

(Re~erved)~

Editor's Note: Former 5 275-25D(7), regarding recording plats, was repealed 642001 by Ord. No. 454.

27528.1 7 -20 -2001

9 275-25 NEW WILMINGTON CODE $275-26 "

(8) The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.

(9) The maximum height of any communications tower shall be 150 feet.

(10) The foundation and base of any communications tower shall be set back from a property line (not lease line) at least 50 feet.

(11) The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.

(12) The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association Telecommunications Industry Association.

(13) The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability - coverage in the minimum amount of $1,000,000 per Occurrence and property damage coverage in the minimum amount of $1,000,000 per Occurrence covering the communications tower and communications antennas.

(14) All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

(15) The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.

(16) No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.

(17) Communications towers shall be protected and maintained in accordance with the requirements of the industry standards.

(18) If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.

(19) One off-street parking space shall be provided within the fenced area.

ARTICLE V Administration, Enforcement and Appeals

5 275-26. Appointment of Zoning Officer.

The Borough Council shall appoint the Zoning Officer, who shall administer and enforce the provisions of this chapter and the requirements of the Pennsylvania Municipalities Planning Code.

27528.2 7 -20 - 2001

!

5 275-27 ZONING 0 ‘275-27

. .

0 275-27. Duties of Zoning Officer.

The Zoning Officer shall literally interpret and enforce all the provisions of this chapter and shall have such duties and powers as are conferred by this chapter and are reasonably implied.

A. Applications; zoning certificates; building permits; inspections. The Zoning Officer shall receive applications for zoning certificates and building permits and make all inspections in accordance with the provisions of this chapter.

B. Inspections. The Zoning Officer may examine or cause to be examined all structures andor land for which an application has been filed for a zoning certificate or building permit and may conduct such inspections, from time to time, during and at the completion of the work for which a zoning certificate has been issued.

C. Nonconforming uses. The Zoning Officer shall issue certificates of nonconformity upon request when the applicant produces satisfactory proof of the same. If a request for

(Cont’d on page 27529)

27528.3 7 - 20 -2001

5 275-27 ZONING § 275-30

i - , I i . .:

nonconformity is not proven by objective evidence, i t shall be denied, and the applicant shall have the right to appeal the same to the Zoning Hearing Board. [Amended 2-5-1996 by Ord. No. 4201

8 275-28. Zoning certificates.

A. Requirements. Until the Zoning Officer has issued a zoning certificate applicable thereto, no person shall:

(1) Occupy or use any vacant land.

(2) Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged.

(3) Change the use of a structure or land to a different use.

(4) Change a nonconforming use.

Expiration of zoning certificate. The zoning certificate shall expire six months from the date of its issuance.

Application and fees. Each applicant for a zoning certificate shall present with the application a plan of the property showing, clearly and completely, the location. dimensions and nature of any structure involved and such other information as the Zoning Officer may require so as to comply with this chapter, together with a filing fee in accordance with the schedule of the same as fixed annually by the Borough Council.

B.

C.

D. Records. The Zoning Officer shall maintain a permanent file of all zoning certificates and applications as public records.

8 275-29. Building permits.

The applicant for a building permit shall apply also for a zoning certificate as required by this chapter.

$27530. Violations and penalties. [Amended 2-5-1996 by Ord. No. 4201

A. Enforcement notice. When it appears to the borough and/or the Zoning Officer that a violation has occurred, the Zoning Officer shall send an enforcement notice. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding the parcel and to any other person requested in writing by the owner of record. The enforcement notice shall state the following:

(1 ) The name of the owner of record and any other person against whom the borough intends to take action.

(2) The location of the property in violation.

(3) The specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

Ai. 27529

NEW WILMINGTON CODE 9 275-30

(4) The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

( 5 ) That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.

(6) That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

B. Causes of action. In case any building, structure, landscaping or land is or is proposed to be erected, constructed. reconstructed, altered, converted, maintained or used in violation of this chapter, the borough, the Zoning Officer of the borough or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council of the Borough of New Wilmington. No such action may be maintained until such notice has been given.

C. Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under this section.

D. Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the borough, pay a judgment of not more than $500. plus all court costs. including reasonable attorney fees incurred by the borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Dislrict Justice. If the defendant neither pays nor timely appeals the judgment, the borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violationcontinues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation continues shall constitute a separate violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of zoning chapters shall be paid over to the borough. Nothing contained in this section shall be construed or interpreted to grant any person or entity, other than the borough and its Zoning Officer, the right to commence any action for enforcement pursuant to this section.

7

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27530

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$275-31 ZONING 9 275-34

5 275-31. Appeals.

The procedure and time limitations for appeal from any ordinance, decision, determination or order of the Borough Council, Zoning Officer, Zoning Hearing Board or other applicable agency or officer of the municipality, in the enactment or administration of this chapter, shall be in conformance with the provisions of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended).

ARTICLE VI Zoning Hearing Board

5 275-32. Creation; membership, terms, appointments and qualifications; meetings;

A.

B.

C.

D.

alternate members.

In accordance with Article IX of the Pennsylvania Municipalities Planning Code,' a Zoning Hearing Board is hereby created.

Members of the existing New Wilmington Borough Zoning Hearing Board shall continue in office and serve on this Board. Terms, appointments and qualifications will be in accordance with Section 903 of the Municipalities Planning Code.'

The Board shall hold meetings, adopt rules of procedure, keep minutes and records and, pursuant to notice, take testimony under oath, render decisions or findings all in accordance with the powers and time limits as set forth by the Pennsylvania Municipalities Planning Code. The Board shall also have such powers as are expressly set forth or as are reasonably inferred either by this chapter or the Pennsylvania Municipalities Planning Code.

Also, in accordance with the Pennsylvania Municipalities Planning Code, the Borough Council may, by resolution, appoint up to three alternate members to the Board. whose duties shall be as set forth in the Municipalities Planning Code. [Amended 2-2-1998 by Ord. No. 4291

5 275-33. Fees.

Fees for the filing of appeals or other proceedings in front of the Board will be set by resolution of the Borough Council.

9 275-34. Powers, duties and functions. [Amended 2-5-1996 by Ord. No. 4201

The New Wilmington Zoning Hearing Board shall have the following powers. duties and functions, as well as those reasonably inferred from this chapter or the Pennsylvania Municipalities Planning Code:

I ,"

:.. ::

b Editor's Note: See 53 P.S. 5 10901 et seq.

Editor's Note: See 53 IDS. 5 10903. ' :J- . .. :..

L

m;. 2753 1

, 3 275-34 NEW WILMINGTON CODE 3 275-34

A. Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to Sections 609.1 and 916.1(a)(2) of the Planning Code.’ .

B.

C.

D.

E.

F.

G.

H.

Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the borough and a zoning hearing board has not been previously established, the appeal raising procedural questions shall be taken directly to court.

Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.

Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or .flood hazard ordinance or such provisions within a land use ordinance.

Applications for variances from the terms of this chapter and the Flood Hazard Ordinance or such provisions within a land use ordinance, pursuant to Section 910.2 of the Planning Code” and Subsection H of this section.

Appeals from the Zoning Officer’s determination under Section 916.2 of the Planning Code.”

Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management, insofar as the same relate to development not involving Article V or VI1 applications of the Planning Code. l2

Variances.

The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may, by rule. prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:

(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances

Editor’s Note: See 53 P.S. $5 10609.1 and 10916.l(a)(Z), respectively.

lo

l 1

’*

Editor’s Note: See 53 P S . 5 10910.2.

Editor’s Note: Sce 53 P S . 5 10916.2. Editor’s Note: See 53 P S . $ 10501 et seq., and 53 P.S. $ 10701 et seq. respectively.

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27532

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8 275-34

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ZONING ‘8 275-36

or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.

That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

That such unnecessary hardship has not been created by the applicant.

That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

‘(2) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter.

0 275-35. Additional services.

Within the limits of funds appropriated by the Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants or other services as may be required.

0 275-36. Hearings.

The Board shall conduct hearings and make decisions in accordance with this chapter and the appropriate provisions of the Pennsylvania Municipalities Planning Code.

A. Notice shall be given as provided by the Pennsylvania Municipalities Planning Code.s [Amended 5-7-2001 by Ord. No. 4531

B. Hearings shall be conducted by the Board. The Board shall also make decisions and findings. A hearing officer may be used in accordance with Section 908(2) of the Pennsylvania Municipalities Planning Code.9

C. Parties to the hearing shall be the borough, any persons affected by the application who have made a timely appearance of record and any other person, civic or community organization. Persons who wish to be considered parties shall file an appearance, in writing, on forms provided by the Board.

Editor’s Note: See 53 P.S. 5 10101 et seq.

Editor’s Note: See 53 P.S. 8 10908(2).

27533 7 - 20 - 2001

Q 275-36 NEW WILMINGTON CODE.

D.

E.

F.

G.

H.

The Chairman or presiding officer of the Board shall have the power to administer oaths and issue subpoenas in accordance with Section 908 of the Pennsylvania Municipalities Planning Code."

Parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond, present evidence and arguments and cross-examine adverse witnesses on all relevant issues.

The Board shall follow the precepts of Section 908 of the Pennsylvania Municipalities Planning Codell in regard to evidence, records and communication with the parties involved.

Written decisions or findings shall be rendered within 45 days after the last hearing. Decisions shall be accompanied by findings of fact and conclusions based upon the reasons thereof. Conclusions based upon this chapter or the Pennsylvania Municipalities Planning Code shall contain a reference to the specific section relied on for such purpose.

A copy of the final decision or findings shall be delivered to or mailed to the applicant. To others, who have filed their names and addresses with the Board, a copy of the findings, or a brief notice of the decision and the place where it or the findings may be examined, shall be sent by mail.

0 275-37. Variances.

In accordance with Section 912 of the Pennsylvania Municipalities Planning Code,12 the Board, upon appeal, shall have the power to authorize variances from the provisions of this chapter provided that the following findings are made where relevant in a given case:

A.

B.

C.

D.

That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood in which the property is located.

That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

That such unnecessary hardship has not been created by the appellant.

That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

l o Editor's ~ o t e : see 53 PS. 8 1090s. l1 Editor's Note: See 53 P.S. 8 10908.

l2 Editor's Note: 53 P.S. fj 10912 was repealed 12-21-1988, P.L. 1329, No. 170,s 90; see now 53 P.S. 10910.2.

27534 7 -20 - 2001

~ ,

9 275-37 ZONING 9 275-40

E. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. In authorizing a variance, the Board may attach such reasonable conditions as it deems necessary to assure compliance with the objectives of this chapter.

0 275-38. Special exceptions.

The Board shall have the power to decide applications for special exceptions as specified in this chapter, in harmony with its general purposes and intent and in accordance with the standards set forth. The Board shall approve a special exception only if i t meets the following standards and criteria:

A. The use is compatible with adjacent uses and structures.

B. The use is suited to the topography and other characteristics of the site.

C. The use complies with all off-street parking and other provisions of this chapter.

D. The Board shall apply the specific standards and criteria set forth in Article I11 of this chapter.

0 275-39. Performance standards.

In cases involving performance standards:

A. The Board may require a plan of the proposed construction or development, a description of machinery proposed and specifications for the mechanisms and techniques to be used.

B. The Board may obtain qualified expert consultants to testify as to whether a proposed use will conform to the performance requirements. The cost of such service shall be borne by the applicant.

5 275-40. Appeal of Board's decision.

Any person aggrieved by any decision of the Board, or any taxpayer of the borough, may appeal therefrom in accordance with Article X of the Pennsylvania Municipalities Planning Code."

Editor's Note: Sections 11001 and I1003 through IlOll of Article X of the Municipalks Planning Code were repealed 12-21-1988, P.L. 1329, No. 170. Section 11002 or Article X was repealed 4-28-1978, P.L. 202, No. 53. For provisions regarding appcals, see now Article X-A of thc klunicipalities Planning Code (53 P.S. 5 11001-A et seq.).

27535

, --

Q 275-41 NEW WLLMINGTON CODE

ARTICLE VI1 Amendments

5 275-45

9 275-41. Introduction or consideration.

The Borough Council may introduce andor consider amendments to this chapter and to the Zoning Map as proposed by a member of the Borough Council, the Planning Commission or by a petition of a person or persons residing or owning property within the borough.

Q 275-42. Petitions.

Petitions for amendments shall be filed with the Planning Commission. The petitioners, upon such filing, shall pay an advertising deposit and a filing fee, in accordance with a schedule affixed by resolution of the Borough Council. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to the Council.

Q 275-43. Referral to Planning Commission.

Any proposed amendment presented to the Borough Council without written findings and recommendations from the New Wilmington Borough Planning Commission and Lawrence County Planning Commission shall be referred to these agencies for review prior to public hearing by the Borough Council. A thirty-day review period shall be allowed before the Borough Council holds a public hearing on the proposed amendment.

9 275-44. Public hearing; notice. (Amended 2-5-1996 by Ord. No. 4201

Before acting upon a proposed amendment, the Borough Council shall hold a public hearing thereon. Notice of such public hearing, containing a brief summary of the proposed amendment and reference to the place where copies of the same may be examined, shall be published in accordance with the requirements of the Pennsylvania Municipalities Planning Code (Act 247 of 1968) as the same may be amended from time to time. If any proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the borough at points deemed sufficient by the borough along the uact(s) to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.

5 275-45. Curative amendments.

A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which the landowner has an interest may submit a curative amendment to the Borough Council. with a written request that this challenge and proposed amendment be heard and decided as provided in Sections 609. I and 1004 of the Pennsylvania Municipalities Planning

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Code (Act 247), as amended.lE As with other proposed amendments, the curative amendment shall be referred to the New Wilmington Borough Planning Commission and the Lawrence County Planning Commission at least 30 days before the hearing is conducted by the Borough Council, as provided in Sections 610 and 1004 of the Pennsylvania Municipalities Planning Code, as arnended.l9 The hearing shall be conducted in accordance with Subsections (4) to (8) of Section 908 of Act 247.’’

- I

I

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5 i

l8

0 10916.1. l9

5 10916.1.

Io

Editor’s Note: See 53 P.S. 5 10609.1.53 P.S. 5 11004 was repealed 12-21-1988, P.L. 1329, No. 170, 6 100; see now 53 P.S.

Editor’s Note: See 53 P.S. 5 10610. 53 P.S. 5 11004 was repealed 12-21-1988, P.L. 1329. No. 170. 5 100; see now 53 P.S.

Editor’s Note: SIX 53 P.S. 10908(4) through (8).

27537

Permitted Uses

.i

P f .. ,

i

Conditional Uses S p e d Exceptions

I

Single-family dwellings

Churches and places of

Public libraries Municipal buildings Public Darks and recreation

worship

: t ... i

Public utility buildings

Public and private schools [§ 275-1 1B(2)]

[§275-11B(6)]

i i

Accessory uses I

houses [§ 275-1 1B(3)] Hospitals

Bed-and-breakfast 19 275-1 1B(4)]

establishments [§ 275-11B(11)] Juvenile boardmg

Personal care boarding homes [I 275-11B(12)]

homes [§ 275-1 1B(13)]

I I

[§ 275-1 1B(5)] Public and private

Home occupation SChOOlS [§ 275-1 1B(6)]

[§ 275-1 1B(1)]

Nursing homes

Public utility buildings

Professional offices

Family day-care homes

Group day-care homes

Elderly day-care

Funeral parlors

[§ 275-11B(4)]

[§ 275-11B(2)

[§ 275-11B(10)]

[§ 275-1 1B(14)]

[§ 275-11B(14)]

[§ 275-11B(15)]

[§ 275-11B(17)]

Churches and places of

Public parks and recreation I Municipal buildings

Accessory Uses

Two-family dwellings

Home ofice

27539 7 -20 - 2001

NEW WILMINGTON CODE

Table A Permitted Uses, Conditional Uses and Special Exceptions

[Amended 2-5-1996 by Ord. NO. 420; 2-2-1998 by Ord. NO. 429; 4-3-2000 by Ord. NO. 444; 5-7-2001 by Ord. NO. 4531

Professional offices Single-family dwehngs

Two-family dwellings

Elderly day-care [§ 275-11B(15)] Bed-and-breakfast establishments [§ 275-1 lB(1 l)] Personal care boarding homes IS 275-11B(13)1

Multifamily dwellings Automotive sales and services Accessory uses Essential services

D-hdustrial D ~ s ~ I ~ c ~ s Light Industrial

Contractor yards Offices

Public utility buildings [§275-11B(2)]

I Warehouses I I NOTES: 1 The B-l Residence boundaries arc as follo&: Beginning at the northwest corner thereof at the intersection of the south line of Jackson Street with the

east tine of New Castle Street; thence eastward along the south fie of Jackson Sueet from New Castle S u e t to Haw Strees thence south along Haw Street to Cherry Street thence east along Cherry Smet to Market Saeet and across Market Street on the north line of lands of the New Wilmington Presbyterian Church to Chesmut Street to Cherry Street; thence east along Cherry Street to Mercer Street and thence continuing in an easterly direction 180 feet north of the north line of lands of Westminster College to Wesfminstn Drive; thence southerly by Westminster Drive to Maple Street; thence westerly along Maple Street to Market S u e q thence south along Market Sacet to Beechwood Road; thence westerly along Beechwood Road to the intersection of the entrance of Hillside Dormitory with Beechwood Road thence southerly 180 feet; thence westerly 180 feet south of Beechwood Road to New Castle Street at a point 180 feet south of Beechwood Road; thence nonhwardly along New Castle Sueet to the south tine of Jackson Street, the plam of beginning. Beginning at the intersection of Prospea Street and South Market Streea; thence northward along South Market Street to the south Line of the Parking lot of Eichenhauer Dormitory pading lot to College Drive; thence southwardly along College Drive to its intersection with Prospect Street; thence westwardly along Prospect Street to South Market Street, the place of beginning

.

27540 7 - 2 0 - 2 0 0 1

p .. :-?

Hospitals and rest

homes

C- Commercial

D- Industrial

Industrial'

ZONING

over 2 2 acres '200 50 50 50 3445) 25%

10,000 60 20 I O . . 20 3445) 75%

40,000 150' 30 I O 30 3445) 40%

Table B

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Lot, Yard and Height Requirements

[Ame;ded 2-5-1996 by Ord. No. 420; 2-2-1998 by Ord. No. 429; 1-3-2000 by Ord. No. 443; 4-3-2000 by Ord. No. 4441

27541 8 -30 - 2004

i

. BOROUGH OF NEW WILMINGTON

LAWRENCE COUNTY, PENNSYLVANIA

GENERAL ORDINANCE NO. 476 (2004)

AMENDMENTS TO ZONING ORDINANCE CHAPTER 275 OF THE CODE OF THE BOROUGH OF NEW WILMINGTON

FOLLOWING A PUBLIC HEARING PURSUANT TO NOTICE AND UPON RECOMMENDATION OF THE NEW WILMINGTON PLANNING COMMISSION AND

THE LAWRENCE COUNTY PLANNING DIVISION, THE BOROUGH OF NEW WILMNGTON, IN COMMON COUNCIL CONVEYNED, HEREBY ORDAINS AND

ENACTS THE FOLLOWING AMENDMENTS TO CHAPTER 275 OF THE CODE OF THE BOROUGH OF NEW WILMINGTON:

Section 1. Section 275-2. Is amended adding the following paragraph to the end thereof:

The Pennsylvania Municipalities Planning Code specifies various administrative, hearing and procedural practices, as well as definitions and specified zoning elements. It is the intent of this Ordinance to be in compliance with these requirements now and as they are amended in the future.

Section 2. Section 275-3 is hereby amended to add at the end thereof the following subsections D. and E..

D. Compliance with Comprehensive Plans: It is the intent of this Ordinance to be compliant with New Wilmington and Lawrence County comprehensive plans.

E. Prime Farmlands: The Borough has little undeveloped land in its borders. However, it will not adopt regulations that would unduly restrict the use of prime farmlands.

Section 3. Section 275-5 is amended to adding the following sentence at the end thereof:

Where words are defined in the Pennsylvania Municipalities Planning Code, as the same is amended, those definitions shall also be used for the purpose of this Ordinance.

Section 4. Section 275-6 is amended to add the dejkitions or amend the definitions as follows:

I

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Bed and Breakfast Establishment: Shall mean a private residence which contains six or fewer bedrooms used for providing overnight accommodations to the public and in which breakfast is the only meal served and is included in the charge for the room.

BoardinplRoomina Home: An owner/occupied dwelling having no more than two (2) sleeping rooms for rent to up to two (2) persons not related to its owner. The term “rooming house” includes the term “boarding house.” A “boarding house” includes meals for its tenants.

Family: One or more persons related by blood, marriage or adoption, plus domestic servants occupying a dwelling unit plus not more than two (2) boarders, roomers or lodgers. In addition, up to three (3) unrelated individuals in a dwelling will be considered a family.

Home Occupation: The last sentence under the definition of Home Occupation is hereby deleted and in its place the following shall be inserted: A home occupation must also conform to the definition of No Impact Home-Based Business.

No Impact Home-Based Business: 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 hc t ions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or process, which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood

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(6) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(7) The business activity shall be conducted only within the dwelling and may not occupy more than 30% of the habitable floor area.

(8) The business may not involve any illegal activity.

- Park: A tract of land, owned by the Borough, designated and used by the public for active and/or passive recreation.

Parking Space: An off-street space to park a motor vehicle, which space is in compliance with this Ordinance.

Parking Overlay Zone: The Parking Overlay Zone is a zoning district that exempts businesses within its boundaries fkom non-residential parking requirements due to the proximity of the Borough's parking lots and on-street parking spaces.

Retail Business: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

School: An elementary or secondary school duly licensed by the State of Pennsylvania.

Self-storage Facilities: A service offering separate, individual storage spaces leased or rented for varying periods of time.

Service Garage: An establishment primarily engaged in furnishing automotive repair services to the general public.

Temporary Structure: 'A structure without any foundation or footings and that is removed when the designated time period, activity or use for the temporary structure has ceased. This Ordinance only allows such structures for construction projects.

Warehouse: A building used primarily for the storage of goods and material.

Section 5. Section 275-8 is hereby amended by adding a new subsection D.as follows:

D. A portion of the Downtown area is covered by the Parking Overlay District that exempts non-residential uses from the parking requirements of this Ordinance.

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. Section 6.

Section 275-1 0 is amended by adding the following as a new paragraph at the end thereofl

Forestry: The practice of forestry, including timber harvesting is declared as a permitted use in all districts. It is subject to the following conditions:

a. Any harvesting shall present an approved erosion and sediment control plan prior to the issuance of a zoning permit.

b. All tree harvesting practices must protect nearby structures and utility lines. No uncontrolled felling shall be allowed in developed areas.

c. To avoid traffic congestion and sound disturbance, all activities must start after 8:30 a.m. and end by 4:30 p.m. during the working week. No Sunday work shall be permitted.

Section 7. Section 275-1 1 is amended in the following aspects:

275-1 1 (B)(4) is amending by adding the following subsection I f ) :

(f) Such uses shall provide proof that they comply with State regulations, especially any licensing requirements,

Section 275-11 (B)(ll) is amended by adding the following subsection (g).

(g) Breakfast will be the only meal served and is included in the charge of the room.

Section 275-11 (B)(l7) is amended by adding the following subsection (d)

(d) Such uses shall provide proof that they comply with State regulations, especially any licensing requirements.

Section 8. Section 275-14 is amended in the following the aspects:

Section 275-14 A. (1) is restated as follows:

(1) If all frontages are along primary streets, the lot shall provide front yard setbacks along every street. Side and rear yards, as well as the structure’s orientation (fi-ont of structure, rear of structure), shall be determined by the onentation of the lot in question as well as the orientation of other lots (structures) in the immediate area.

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Section 27.5-14 is also amended by adding a new subsection (H) as follows.

(H) Satellite Dishes: Satellite dishes are permitted in all districts in the rear yard of lots. Satellite dishes that are two (2) feet in diameter or less are permitted on the roof or

rear or sidewalls of a building and will not be considered a violation of setback requirements.

Section 9. Section 275-15 is hereby amended to change the second sentence thereof to read as follows:

Permits for temporary structures shall be issued for a one-year period, but since permits will automatically terminate when the construction work is completed, which ever is earlier.

Section 10. Section 275-1 8 is amended by adding to the end of subsection G the following sentence.

(G) To the extent possible, full shield lighting fixtures as illustrated by Information Sheets 122 and 143 of the International Dark-Sky Association shall be used.

Section 11. Section 275-19 is amended in the following respects:

The introductory sentence shall be amended to read as follows:

Off-street loading and parking spaces shall be provided in accordance with the. specification in this section in all districts except the Parking Overlay District whenever any new use is established or an existing one is enlarged. As the Borough has developed two (2) off-street parking lots to service the Downtown area the parking standards as set forth by this section will not apply to non-residential uses in the Parking Overlay District. Residential uses will provide parking as set forth below. Please also see the Borough’s Driveway Ordinance. [A284-61

Section 275-19. (B) (2) is amended to add the following:

Uses Required

Chropractors

Personal Services

...

...

Number of Parking Spaces

4 for each doctor

1 for each 150 feet of floor area

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Section 275-19. B. (3) is hereby amended by adding to the last sentence the following.. ,

if needed, an additional space may be placed in front of the living area; however, such additional space shall not be more than ten feet in width.

Section 275-19 E. is amended to add the following two sentences at the end thereofl

Single- and two-family dwellings will not be required to have paved driveways and parking areas; however, such areas shall be improved to provide a dust-free, mud-free area. Materials such as crushed limestone or gravel may be used.

To the extent possible, full shield lighting fixtures as illustrated by Information Sheets 122 and 143 of the International Dark-Sky Association shall be used.

Section 2 75- I9 is amended by adding the following subsection G.

(G) Limitations of Vehicular Parking and Storage: A house trailer, travel trailer, recreational vehicle, camper trailer, boat trailer, or boat may be stored in any residential district provided that it shall be stored only between the required side yards and behind the principal structure or in the driveway. Such vehicles shall bear the current license sticker or similar certificate. Such vehicles shall not be used for residential purposes.

Section 12. Section 275-21 is amended by substituting the following for subsection B.

(B) The pool, including its accessory structures, surrounding walks, patios, etc. shall not be closer than ten (10) feet to any lot line.

Section 13. Section 275-22E is amended to read as follows:

(E) Directional signs not larger than four square feet, in connection with any legal commercial activity or industry, may be permitted provided they contain no information other than instructions for convenience for vehicular traffic in reaching such activity.

Section 14. Section 275-25 B (2) is amended to read as follows:

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(2) Communication Towers will be treated as a Special Exception and must meet the requirements of sections (C) and (D) below.

Section 15. Section 275-28 B is amended to read as follows:

(B) Expiration of zoning certificate. The zoning certificate shall expire one year from the date of its issuance.

Section 16. Section 275-36 Hearings is amended in its entirety to read as follows.

The Board shall conduct hearings and make decisions in accordance with Article IX of the Planning Code and the following requirements.

A. Notice of hearings shall be given to the public by public notice as set forth in the Planning Code 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. Written notice shall be given to the applicant, the Zoning Officer, and to any person who has made timely request for the same. Written notices shall be prescribed by rules of the Board., In addition to the notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one (1) week prior to the hearing.

B. The Borough Council may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs,

C. The first hearing shall be held within sixty (60) days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing shall be held within forty-five (45) days of the prior hearing unless othenvise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within one hundred (100) days of the first hearing. Upon the request of the applicant, the Board or Hearing Officer shall assure that the applicant receives at least seven (7) hours of hearings within the one hundred (1 00) days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within one hundred (100) days of the first hearing held after the completion of the applicant's case-in-chief. An applicant

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may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent of the record by the applicant and Borough, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.

D. The hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney as a Hearing Officer. The decision, or, where no decision is called for, the findings shall be made by the Board, but the parties may waive decision or findings by the Board and accept the decision or findings of the Hearing Officer as final.

E. The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

F. The Chairman or Acting Chairman of the Board or the Hearing Officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

G. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross- examine adverse witnesses on all relevant issues.

H. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

I. The Board or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or Hearing Officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.

J. The Board or the Hearing Officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except

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upon notice and opportunity for all parties to participate, except that advice from the-Board's Solicitor is exempt from this restriction; shall not take notice of any communication, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

K. The Board or the Hearing Officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty-five (45) days after the last hearing before the Board or Hearing Officer. Where application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based on any provisions of this Ordinance or the Planning Code, or any rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a Hearing Officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within forty-five (45) days, and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than thirty (30) days after the report-of the Hearing Officer. Except for challenges filed under 916.1 of the Planning Code, where the Board fails to render the decision within the period required by this Ordinance or the Planning Code, or fails to commence, conduct or complete the required hearing as required by Article IX of the Planning Code, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as herein above provided, the Board shall give public notice of said decision within ten (10) days in the same manner as provided in Subsection 607(1) of the Pennsylvania Municipalities Planning Code. Nothing in this subsection shall prejudice the right of any party to appeal the decision to a court of competent jurisdiction.

L. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board no later than the last day of the hearing, the Board shall provide by mail or otherwise, a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

Section 17. Section 275-39 B. is amended to delete the last sentence thereoJ

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Section 18. Section 275-44 is amended to add the following paragraph:

In addition to the requirements that notice be posted, where the proposed amendment involves a zoning map change, notice of the public hearing shall be mailed by the Borough at least thirty days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area be rezoned, as evidenced by tax records within the possession of the municipality. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection.

- Section 19. Table A of section 2 75 is hereby amended as follows: In the A-Residence District, B-Residence District and BI -Residence District as a permitted use No Impact Home-Based Business and Boarding/Rooming House are added as a permitted use and Home Ofice is

deleted as a permitted.

In the D-Industrial District Communication Antenna and SelJStorage Facilities are added as permitted uses and Communication Towers is added as a special exception.

Section 20. Table A to 275 is further amended at the end thereof to show the Parking Overlay District is not in separate zoning district but is used only as an overlay zone for parking in areas of the Borough’s commercial business district.

Section 21. Tab1e.B to section 275 is hereby amended to insert an asterisk at the beginning following the words “Table B” which asterisk footnote at the end thereof shall read as follows:

Other sections of this Ordinance may specify yard areas or spaces or buffer yards in excess of those set forth by Table B. Where specified, these values will apply; where not specified, Table B shall apply.

Section 22. The zoning map of the Borough of New Wilmington is hereby amended to change from B- Residential to C-Commercial that property located on the east side of Chestnut Street owned by the Borough and formally used as a vehicle storage and repair garage and known as lot numbers 105, 106,’107 of map 3402.

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Section 23. This ordinance shall take effect thirty days after approval by the mayor.

Enacted and ordained on this 4th day of October, 2004 by a vote of 6 to 0. L-

Examined and approved by me this 4th day of October, 2004.

83 de- Wendell B. Wagner- Mayor

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-c 3 New Wilmington Boro Zoning Map *a

Lawrence County, Pennsylvania * FOR INFORMATIONAL PURPOSES ONLY - Official Map at Borough Ofice