Article 1305 BUSINESS AND ECONOMIC DEVELOPMENT DISTRICTS

Article 1305
BUSINESS AND ECONOMIC DEVELOPMENT DISTRICTS

Sections:

1305.01 B-1 central business district – Established.

1305.02 B-1 central business district – Lot provisions.

1305.03 B-1 central business district – Special exception provisions.

1305.04 B-1 central business district – Conditional use provisions.

1305.05 B-2 general business district – Established.

1305.06 B-2 general business district – Lot provisions.

1305.07 B-2 general business district – Special exception provisions.

1305.08 B-3 flexible business district – Established.

1305.09 B-3 flexible business district – Lot provisions.

1305.10 EDC economic development corridor district – Established.

1305.11 EDC economic development corridor district – Lot provisions.

1305.12 EDC economic development corridor district – Special exception provisions.

1305.13 EDC economic development corridor district – Conditional use provisions.

1305.01 B-1 central business district – Established.

The purpose of this district is to foster a variety of retail and service business uses in a traditional downtown setting. Lawful uses are shown in the Table of B-1 Uses. Dimensions shown in MMC 1305.02, B-1 central business district – Lot provisions, are applicable to all uses within the district, unless otherwise specified.

TABLE OF B-1 USES
Permitted Uses
Financial institutions
Retail businesses (NEC)
Personal services
Restaurants
Professional offices
Civic/cultural buildings
Medical and dental clinics
Parking lots and parking garages
Public parks and playgrounds
Health services
Churches
Private clubs and social halls
Taverns or bars
Bed and breakfast
Public and private schools
Theaters
Essential services
Accessory buildings
Accessory uses
Inn
Light repair services
Gymnasium

Special Exceptions
Gasoline service stations (1305.03(A))
Multiple-family dwellings (1305.03(B))
Day care centers (1303.12(C))
Convenience food stores (1305.03(A))
Upper floor residential use (1305.03(C))

Conditional Uses
Shopping centers (1305.04(A))
Traditional neighborhood development (1306.14)

(Ord. 3578 §§ 8, 14, 2001; Ord. 3384 § 2, 1994)

1305.02 B-1 central business district – Lot provisions.

Table of Lot Provisions
Min. Lot Size	Min. Front Yard	Min. Side Yard	Min. Rear Yard	Min. Lot Width
1,000 sf	0 ft	0 ft	0 ft	25 ft

(A) Total building height shall not exceed four stories unless all yard areas are increased five feet for each story, until seven stories. No building shall exceed seven stories. (Ord. 3706 § 8, 2012; Ord. 3384 § 2, 1994)

1305.03 B-1 central business district – Special exception provisions.

(A) Convenience Stores/Gasoline Service Stations.

(1) Any fuel pumps shall be at least 30 feet from the front lot line and 30 feet from each side lot line.

(2) No vehicle will be parked or stored along the front lot line except on a short-term basis (less than 12 hours).

(3) Any lot line abutting a residential use or district shall provide appropriate screening.

(4) There shall be no outdoor storage of new or used parts, scrap parts, unlicensed vehicles, tires, vehicles lacking current state inspector stickers, or parts of vehicles. The overnight parking of patron vehicles and the presence of DER/EPA-approved waste containers shall be permitted in side or rear lot areas.

(5) Canopy structures shielding gasoline pumps shall be no closer than 20 feet from the front lot line and 20 feet from each side lot line.

(B) Multiple-Family Dwellings.

(1) Shall maintain dedicated parking spaces adequate to conform to Article 1308 MMC. These spaces must lie within 200 feet of the dwelling lot line.

(2) Shall maintain a common indoor or outdoor area appropriate for the recreational and social needs of dwelling residents. If indoor, a minimum of 25 square feet per unit shall be available. If outdoor, a permanently landscaped area of 50 square feet per unit must be maintained.

(1) Shall only be permitted where the ground floor, or majority thereof, shall be used or dedicated for a use other than residential, and a use allowed in the zoning district in which the building is located.

(2) The dwelling units shall have no more than four bedrooms.

(3) Each dwelling unit shall provide the following minimum usable living space:

(a) Minimum of 540 square feet of usable space for one-bedroom units, for occupancy of no more than two persons.

(b) Minimum of 725 square feet of usable space for two-bedroom units, for occupancy by no more than four persons.

(d) Minimum of 1,095 square feet of usable space for four-bedroom units, for occupancy by no more than eight persons.

(4) Any structure in which a residential use is permitted shall comply with all requirements of this code applicable to the permitted principal use of the ground floor conducted therein. All otherwise complying above ground floor residential uses shall be exempt from lot size, lot coverage, lot width and setback requirements. No structure in which mixed uses are permitted hereunder shall exceed seven stories or 100 feet in height.

(5) Subject to the provisions of MMC 1308.02(B) through (F), there shall be provided at least one off-street parking space for every one dwelling unit. (Ord. 3578 § 9, 2001; Ord. 3384 § 2, 1994)

1305.04 B-1 central business district – Conditional use provisions.

(A) Shopping Centers.

(1) Must comply with Article 1308 MMC by dedication of adequate parking spaces within 200 feet of the development’s lot line.

(2) With application for a permit, a plan shall be submitted to the zoning administrator showing the following:

(a) Extent and area of property.

(b) Entrance, exits, driveways, roads, parking areas, and lots.

(d) Storm water management techniques to be employed.

(e) Anticipated retail, service or eating and drinking places by use category with appropriate square feet of building devoted to each.

(f) Current and proposed pedestrian access, especially linkages to existing business areas.

(3) Repealed by Ord. 3618.

(4) Shall employ screening and buffering appropriate to filter light and noise if abutting a residential use or district. (Ord. 3618 § 11, 2005; Ord. 3384 § 2, 1994)

1305.05 B-2 general business district – Established.

The purpose of this district is to foster a variety of retail and service business uses in an auto-oriented setting. Lawful uses are shown in the Table of B-2 Uses. Dimensions shown in MMC 1305.06, B-2 general business district – Lot provisions, are applicable to all uses within the district, unless otherwise specified.

TABLE OF B-2 USES
Permitted Uses
Financial institutions
Retail businesses (NEC)
Personal services
Restaurants
Professional offices
Civic/cultural buildings
Medical and dental clinics
Parking lots and parking garages
Public parks and playgrounds
Health services
Churches
Laundry and dry cleaning
Private clubs and social halls
Taverns or bars
Bed and breakfast
Public and private schools
Theaters
Essential services
Accessory buildings
Accessory uses
Car washes
Light repair services

Special Exceptions
Gasoline service stations (1305.03(A))
Funeral parlors (1303.12(E))
Day care centers (1303.12(C))
Motels and hotels (1305.07(C))
Repair garages (1305.07(B))
Convenience food stores (1305.03(A))
Auto sales (1305.07(A))
Indoor commercial recreation (1305.07(D))
Upper floor residential use (1305.03(C))

Conditional Uses
Shopping centers (1305.04(A))
Traditional neighborhood development (1306.14)

(Ord. 3578 §§ 8, 13, 2001; Ord. 3384 § 2, 1994)

1305.06 B-2 general business district – Lot provisions.

Table of Lot Provisions
Min. Lot Size	Min. Front Yard	Min. Side Yard	Min. Rear Yard	Min. Lot Width
5,000 sf	25 ft	10 ft	10 ft	50 ft

(A) Building height shall not exceed four stories (exclusive of antennas, steeples, and similar protuberances). (Ord. 3706 § 8, 2012; Ord. 3384 § 2, 1994)

1305.07 B-2 general business district – Special exception provisions.

(A) Auto Sales. Such developments shall be permitted, subject to the following:

(1) In the interest of public traffic safety, no vehicles shall be parked along the front lot line. Cars may parallel the front lot line, but must be set back at least 15 feet.

(2) Any lot line abutting a residential use shall utilize appropriate screening.

(3) There shall be no outdoor storage of new or used parts, scrap parts, unlicensed vehicles, tires, vehicles lacking current state inspection stickers, or parts of vehicles. The overnight parking of patron vehicles and the presence of DER/EPA-approved waste containers shall be permitted in side or rear lot areas.

(B) Repair Garages.

(1) Repair garages shall meet the criteria established for service stations in MMC 1305.03(A), substituting “repair garage” for “service station.”

(1) No motel shall have a lot area of less than 21,600 square feet.

(2) Motel buildings or accessory structures shall be placed no closer than 30 feet to any lot line.

(3) Swimming pools shall comply with the safety requirements of MMC 1306.03.

(4) Yard areas shall be permanently landscaped and maintained in good condition.

(5) Rooms shall not be rented for a period of less than 12 hours.

(D) Indoor Commercial Recreation. Because of this use’s periodic intensity, there is a genuine potential to adversely affect neighboring businesses. Therefore, all such uses shall:

(1) Meet all parking and loading requirements of this code.

(2) Indicate the anticipated number of mechanical amusement devices and agree to pay the city tax on such devices.

(3) There shall be no outdoor sound transmission or devices.

(4) Present evidence of compliance with all applicable Pennsylvania Bureau of Labor and Industry standards.

(5) With the exception of lawful parking, there shall be no outdoor areas for patron use. (Ord. 3384 § 2, 1994)

1305.08 B-3 flexible business district – Established.

This district’s purpose is to provide a broad base of flexibility for small business corridors separated from the downtown or French Creek development corridor. Uses will be encouraged here which especially contribute to the reuse of vacant or under-utilized buildings and properties. Lawful uses are shown in the Table of B-3 Uses. Dimensions shown in MMC 1305.09, B-3 flexible business district – Lot provisions, are applicable to all uses within the district, unless otherwise specified.

TABLE OF B-3 USES
Permitted Uses
Light manufacturing
Laboratory/research facilities
Public parks and playgrounds
Parking lots and parking garages
Essential services
Accessory buildings
Accessory uses
Professional offices
Medical and dental clinics
Public utility buildings
Churches
Public and accredited private schools

Special Exceptions
Warehousing (1305.12(A))

(Ord. 3618 § 12, 2005; Ord. 3384 § 2, 1994)

1305.09 B-3 flexible business district – Lot provisions.

All lot standards shall comply with MMC 1305.06. (Ord. 3384 § 2, 1994)

1305.10 EDC economic development corridor district – Established.

This district is established to encourage the location and expansion of large-scale highway-dependent businesses through the corridor of the French Creek Parkway. Lawful uses are shown in the Table of EDC Uses. Dimensions shown in MMC 1305.11, EDC economic development corridor district – Lot provisions, are applicable to all uses within the district, unless otherwise specified.

TABLE OF EDC USES
Permitted Uses
Light manufacturing
Commercial bakeries
Commercial laundries
Laboratory/research facilities
Rental service/equipment
Agricultural services
Shopping centers
Retail businesses (NEC)
Public parks and playgrounds
Laundry and dry cleaning
Parking lots and parking garages
Essential services
Accessory buildings
Accessory uses
Light repair services
Car washes
Gymnasium
Commercial recreation
Medical and dental clinics
Civic/cultural buildings
Professional offices
Health services
Personal services
Financial institutions
Restaurants
Churches
Public and accredited private schools

Special Exceptions
Public utilities (MMC 1303.03(C))
Building supply/contractor’s yards (MMC 1305.12(A))
Truck terminals (MMC 1305.12(A))
Warehousing (MMC 1305.12(A))
Gasoline service stations (MMC 1305.03(A))
Auto sales (MMC 1305.07(A))
Repair garages (MMC 1305.07(B))
Motels and hotels (MMC 1305.07(C))
Convenience food stores (MMC 1305.03(A))
Other uses (MMC 1305.12(B))
Sexually oriented businesses (MMC 1305.12(C))

Conditional Uses
Heavy manufacturing (MMC 1305.13(A))

(Ord. 3706 § 4, 2012; Ord. 3618 § 13, 2005; Ord. 3578 § 28, 2001; Ord. 3384 § 2, 1994)

1305.11 EDC economic development corridor district – Lot provisions.

Table of Lot Provisions
Min. Lot Size	Min. Front Yard	Min. Side Yard	Min. Rear Yard	Min. Lot Width
43,560 sf	25 ft	25 ft	25 ft	150 ft

(A) Building height shall not exceed four stories (exclusive of antennas, steeples, and similar protuberances). (Ord. 3706 § 8, 2012; Ord. 3384 § 2, 1994)

1305.12 EDC economic development corridor district – Special exception provisions.

(A) Warehousing and Truck Terminals/Supply and Contractor’s Yards. Such uses are permitted subject to the following requirements:

(1) Side and rear yards shall be increased by 20 feet.

(2) All outdoor storage shall be in side yards (behind the front lot line) or in the rear yard. Any outdoor storage areas shall provide appropriate screening by an opaque fence.

(3) Access to roads and highways shall be clearly defined.

(4) All parking, loading and unloading facilities shall be clearly designed so motor vehicles will not be required to back into or from streets or roads when parking or leaving the premises.

(B) Other Uses. In the EDC economic development corridor (MMC 1305.10), any use not specifically listed as a permitted use in any other zoning district and not specifically excluded from this district may be permitted by special exception if the proposed use meets the following requirements:

(1) The proposed use, if granted a special exception, would:

(a) Be consistent with the comprehensive plan of the city;

(b) Be consistent with the adjoining and surrounding zoning and uses;

(d) Comply with all applicable yard, setback, and signage regulations for the districts;

(e) Comply with parking and loading/unloading standards for related uses specified in this code.

(2) The proposed use, if granted a special exception, would not:

(a) Substantially increase traffic congestion, create traffic safety hazards or endanger the safety of persons or property by improper location or design of facilities for ingress or egress;

(b) Change the basic functional characteristics of the streets and lands on which it is located, as identified by the city comprehensive plan;

(c) Increase the danger of fire or otherwise involve activities or processes which would tend to endanger the public health or safety;

(d) Overcrowd the land or create an undue concentration of population or structures;

(e) Impair an adequate supply of light and air to adjacent property;

(f) Create storm water hazards or drainage problems;

(g) Create vibrations, glare, heat, electrical disturbance, smoke, odor or noise which would jeopardize the integrity of pre-existing uses in the immediate vicinity;

(h) Unduly burden water, sewer, school, park or other facilities;

(i) Be detrimental to or adversely affect the reasonable use of adjacent property;

(j) Otherwise adversely affect the public health, safety, morals or general welfare;

(k) Unreasonably interfere with pre-existing or planned residential, historic or economic development.

(1) Shall comply with the business regulations of Article 325 MMC, as amended.

(2) Shall provide a minimum of one parking space for every three seats. (Ord. 3706 § 4, 2012; Ord. 3384 § 2, 1994)

1305.13 EDC economic development corridor district – Conditional use provisions.

(A) Heavy Manufacturing.

(1) Shall not involve the following uses:

(a) Abattoir;

(b) Animal fertilizer manufactures;

(d) Manufacture of gun powder or explosives;

(e) Fat, lard or tallow rendering;

(f) Glue, size or gelatine manufacture;

(g) Paper and pulp manufacture;

(h) Tanneries or rawhide or skin storage;

(i) Auto wrecking and junk yards.

(2) No uses will involve noxious gas, dust, odor or smoke clearly discernible to neighboring uses or harmful to the public health, safety and welfare of area citizens.

(3) If abutting non-industrial uses, shall present a plan for screening and buffering which will minimize any impact and filter most light and noise. (Ord. 3384 § 2, 1994)