Part 13
Supplemental Regulations
§27-1301 Prohibited Uses.
The following uses are specifically not permitted within any district in the Borough:
A. Junkyards.
B. Drive-in theaters.
C. Tanning plants.
(Ord. 565, 11/17/1986, §140-77)
§27-1302 Nonconforming Uses.
Any legal nonconforming use shall be continued, repaired, maintained and improved as provided below:
A. Expansion. Such nonconforming uses may be expanded up to 50 percent of the floor area existing on the date it became a lawful nonconforming use, provided that any structural alterations shall conform with all height and area and bulk regulations applicable to the most similar permitted use in the district in which it is located, and provided further that:
(1) Expansion of nonconforming nonresidential uses shall be permitted in any use district by special exception.
(2) Expansion of nonconforming residential uses shall be permitted in any district so long as the height and area and bulk regulations applicable in the R-3 District are observed.
B. Restoration. If any such nonconforming use is damaged, a permit for its restoration or reconstruction may be obtained if application therefore is filed within 90 days of the initial damage or destruction.
C. Discontinuance, except as provided in paragraph .D below, no such use may be re-established after it has been discontinued or vacated for a period of 1 year. [Ord. 764]
D. Change of Use. A nonconforming use may be changed to another nonconforming use only if such change is more appropriate to the character of the district in which it is located as determined by the Board. The former nonconforming use may be re-established by special exception. [Ord. 764]
E. Termination. Certain types of nonconforming uses which present a special nuisance or hazardous condition shall be terminated as follows:
(1) General Nuisances. Upon a complaint registered by the Zoning Officer of 50 percent of the property owners within 500 feet of a nonconforming use which is considered to be a general nuisance or a hazard to the health, safety, welfare and morals of the owners or occupants of the uses or structures adjoining such nonconforming use or uses, the Board shall hold a public hearing and make a finding with respect to the nuisance or hazardous condition which exists and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Board as related to the reasonable amortization of the capital investment in such uses.
(2) Junkyards. All nonconforming junkyards shall be terminated within 3 years of the adoption of this Chapter.
(Ord. 565, 11/17/1986, §140-78; as amended by Ord. 764, 5/5/2008, §3)
§27-1303 Nonconforming Structures.
Any legal nonconforming structure shall be continued, repaired, maintained and improved as provided below:
A. Expansion. Such nonconforming structure may be expanded along existing building lines up to 50 percent of the floor area existing on the date it became a lawful nonconforming structure; provided, that:
(1) The expansion does not at any point increase the existing violation of the yard setback regulations.
(2) All height and applicable area and bulk regulations are observed.
(3) The expansion does not extend any dimensional variance previously granted.
B. Restoration. If any such nonconforming structure is damaged, a permit for its restoration or reconstruction may be obtained if an application therefore is filed within 90 days of the initial damage or destruction.
(Ord. 565, 11/17/1986, §140-78.1)
§27-1304 Existing Nonconforming Lots.
In any zone where a nonconforming lot exists as a separate entity at the time of passage of this Chapter and where the owner of the nonconforming lot does not own an adjoining lot, then the following development is permitted:
A. If the lot is located in any R District, a single-family dwelling may be constructed on it as a permitted use, provided that the lot is in at least 75 percent compliance with each of the following requirements for the single-family dwelling as specified in the district in which the lot is located: lot area, lot width, rear yard, side yard and maximum building coverage.
B. If the lot is located in any remaining district, then a structure not exceeding two stories in height may be constructed on it, for a use permitted in the district in which it is located, provided that the off-street parking and loading requirements of this Chapter shall be complied with and that the front, side and rear yards are in keeping with the surrounding area, except that a side yard of at least 50 feet shall be required whenever such a use abuts an existing residential use or a residential district.
(Ord. 565, 11/17/1986, §140-79)
§27-1305 Unique Lots and Building Locations.
1. Two or More Buildings on a Lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this Chapter which would normally apply to each building if each were on a separate lot.
2. Through Lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Commission shall decide which street will be considered as the front street. No principal structure shall be erected on the rear of the lot, except as specified in subsections .1 and .3.
3. Lots Fronting on an Alley. Individual lots existing at the effective date of this Chapter, fronting on an alley, shall comply with all the requirements of this Chapter and the district in which said lots are located.
4. Side Yard of a Corner Lot. The side yard of a corner lot which shall be equal to the required front yard for that street.
5. Corner Lots. No obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height shall be erected, planted or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point, and a line drawn between two points on the right-of-way line of each street, each located 10 feet from the street intersection. All plant materials shall be kept trimmed to ensure uninterrupted vision for motor vehicle traffic.
(Ord. 565, 11/17/1986, §140-80)
§27-1306 Changes to Conforming Uses and Buildings.
1. Any conforming use or building may be repaired, maintained, restored or rebuilt to the same dimensions existing at the time that the use or building was originally constructed or started.
2. Any enlargement or addition to any conforming use must comply in all respects with the regulations of this Chapter; except that in the case of any enlargement or addition to buildings legally existing at the effective date of this Chapter, the maximum building coverage requirements of the district regulations shall not apply; provided, however, that all of the off-street parking and loading requirements of this Chapter shall be complied with. In such a case the maximum building coverage for the enlarged section shall not exceed 80 percent for commercial and manufacturing buildings or 60 percent for residential buildings.
(Ord. 565, 11/17/1986, §140-81)
§27-1307 Height Limitations.
District height limitations shall not apply to church spires, cupolas and domes, monuments, water towers, chimneys, smokestacks, farm structures, silos, flagpoles, utility poles, radio and television masts or aerials, utility towers nor parapet walls extending not more than 4 feet above the limiting height of the building. The Board, after review by the Commission, may waive the height limitations of this Chapter as they pertain to elevator apartments and to commercial and manufacturing buildings. In such cases the Board shall determine that such a departure is in the best interest of the Borough, that it will be compatible with and not cause substantial injury to the value of other adjoining property and that adequate off-street parking, loading and fire protection will be provided.
(Ord. 565, 11/17/1986, §140-82)
§27-1308 Front Yard Exception.
When an unimproved lot is situated between two improved lots, each having a principal building within 30 feet of the side lot line of the unimproved lot, the front yard may be reduced to a depth equal to that of the greater front yard of the two adjoining lots; provided, however, that it may not be reduced to below 20 feet in residential districts and 10 feet in commercial and manufacturing districts.
(Ord. 565, 11/17/1986, §140-83)
§27-1309 Projections into Yards.
Projections into required yards shall be permitted as follows, except that no such projection shall be located closer than 10 feet to any side or rear lot line or 20 feet to any front lot line:
A. Fire escapes, uncovered stairs and landings, canopies, eves or other architectural structures not required for structural support may project into the required side, front or rear yard no more than a total of 4 feet.
B. Porches may project into the required rear yard up to 12 feet.
C. Patios may be located in the required side and rear yards not closer than 10 feet to any adjacent property line and may project into front yards up to 15 feet.
D. Decks may project in the same fashion as porches in paragraph .B above. Decks not meeting the definition in §27-202 are considered a part of the structure that may not project into the required setback.
(Ord. 565, 11/17/1986, §140-84; as amended by Ord. 648, 8/7/1995, §3(e))
§27-1310 Accessory Structures and Uses.
All accessory structures shall conform to the minimum yard regulations established in the zoning districts, except as permitted below:
A. Unattached Structures Accessory to Residential Buildings. Structures accessory to residential buildings and not attached to a principal structure shall not be higher than 15 feet or one and one-half stories and may be erected within the required yard of a principal structure, provided that they conform to the following:
(1) Distance from side lot line–not less than 6 feet, as specified in §27-1305.4 shall be maintained.
(2) Distance from rear lot line–not less than 5 feet.
(3) Distance from principal structure–not less than 10 feet.
B. Unattached Structures Accessory to Nonresidential Buildings. Such accessory structures shall comply with front and side yard requirements for the principal structure and shall have a minimum rear yard of at least 20 feet.
C. Fences and Walls. Unless specifically noted, the provisions of this Chapter shall not apply to fences, terraces or walls less than 6 feet in height above the average natural grade, nor to terraces, steps, unroofed porches or other similar features not over 3 feet high above the level of the floor of the ground story.
(Ord. 565, 11/17/1986, §140-85)
§27-1311 Home Gardening, Nurseries and Greenhouses.
Home gardening and accessory structures used for nurseries or as greenhouses are permitted in residential areas, provided that they shall not include the outdoor storage of equipment and supplies.
(Ord. 565, 11/17/1986, §140-86)
§27-1312 Private Outdoor Swimming Pools; Hazardous Bodies of Water.
1. Every person owning land on which there is situated a swimming pool, fishpond or other body of water which constitutes an obvious hazard and contains 24 inches or more of water in depth at any point shall erect and maintain thereon an adequate enclosure surrounding either the property or the pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must be not less than 4 feet above the underlying ground; and all gates must be self-latching, with latches placed 4 feet above the underlying ground or otherwise made inaccessible from the outside to small children.
2. A natural barrier, hedge, pool cover or other protective device approved by the Borough Council may be used as long as the degree of protection afforded by the substituted device or structure is not less than the protection afforded by the enclosure, gate and latch described herein.
(Ord. 565, 11/17/1986, §140-87)
§27-1313 Excavations and Fill Material.
1. Any excavations for the removal of topsoil or other earth projects shall comply with the application, permitting and construction standards of §22-408.1, “Erosion and Sediment Control Standards,” of Chapter 22, Subdivision and Land Development, of the Selinsgrove Borough Code, as applicable, which standards are incorporated herein by this reference as if set forth at length. All excavations shall be adequately drained to prevent the formation of pools of water. The Board shall require that such excavation be enclosed by a fence for such excavation is hereby deemed to be a menace to the public health, safety and general welfare.
2. Unless specifically permitted, open excavations shall not be maintained, except those excavations made for the erection of a building or structure for which a permit has been issued. All lands so stripped or otherwise excavated shall be satisfactorily restored in conformance with the requirements of the Pennsylvania Bureau of Mines and Mineral Industries, Department of Environmental Protection, Selinsgrove Borough Code of Ordinances, and as approved by the Board.
3. The dumping of earth, gravel, rock, or other materials not subject to decay, noxious or offensive odors, may be permitted in any zone in which not specifically prohibited or on any vacant land, provided that the existing grade shall not be raised more than 3 feet above the nearest road, that hazardous or nuisance conditions are not created, or that an unsightly appearance of unstable slopes is not created.
(Ord. 565, 11/17/1986, §140-88; as amended by Ord. 801, 3/4/2013, §4(b))
§27-1314 Miscellaneous Provisions.
1. Yard Planting and Screening.
A. Yard screening shall be provided along the boundaries of any manufacturing or commercial use or off-street parking lot which abuts a residential use and on any special use where such screening is required. Such screening shall consist of a visual screen or obstruction of suitable shrubs, hedges, fences or walls at least 6 feet high.
B. Fences, walls, shrubs or hedges under 6 feet tall may be located in any yard or court and shall be maintained in good condition. Trees and other plant material designated to enhance the livability and attractiveness of any lot may also be located in any yard or court.
2. Design of Highway (Nonresidential) Development. It is the objective of this Chapter to encourage the orderly development of commercial, industrial and other nonresidential parcels in a manner which will provide for proper access and reduce traffic conflicts and provide for the health and welfare of the population of the Borough. This shall be accomplished as follows:
A. The design of streets, service drives and pedestrianways shall provide for safe, convenient and hazard-free internal circulation of goods, persons and vehicles.
B. Nonresidential parcels shall be limited to no more than two driveway access points from the street or highway from which they derive their principal access, and such driveway access points shall not be more than 25 feet wide and shall be designed in a manner which will minimize their interference with any traffic movements on the street or highway.
C. Where a number of individual parcels or buildings are being developed jointly, or where a parcel or building is being developed adjacent to another parcel used or suitable for nonresidential development, consideration should be given to the following:
(1) The location and planning of driveway access points to permit their joint use by adjoining parcels so as to minimize the number of intersections with the street or highway from which they derive their access.
(2) The development of parking and loading areas which permit convenient traffic circulation between adjoining parcels.
(3) The development of pedestrian walkways between adjoining parking areas and buildings.
(4) The provision of landscaping and other features which will enhance the usability, character and attractiveness of the area.
3. Water Availability. All developments, whether residential, commercial, industrial or other, must be of such density and design and so sited as to assure the availability of reliable, safe and adequate water supplies to support the intended land uses within the capacity of available water resources. [Ord. 648]
4. Religious Symbols. No provision of this Chapter shall restrict the display of religious symbols on property being used for religious purposes unless there is a substantial government interest in imposing a restriction. [Ord. 648]
5. No impact home-based businesses are permitted in all residential districts of the Borough as a use permitted by right, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land nor any master deed, by-law, or other document applicable to a common interest ownership community. [Ord. 841]
(Ord. 565, 11/17/1986, §140-89; as amended by Ord. 648, 8/7/1995, §3(f); and by Ord. 841, 10/7/2019, §3(G))
§27-1315 Nursing Homes and Sanatoriums.
Additional regulations for nursing homes and sanatoriums are as follows:
A. Minimum any one side yard setback–30 feet.
B. Minimum front yard setback–30 feet.
C. Minimum rear yard setback–30 feet.
D. Maximum height–40 feet.
E. Maximum impervious coverage–60 percent.
F. A plan for the total area to be included in the development shall be drawn to scale and shall include the following:
(1) The location, boundaries, dimensions and ownership of the land.
(2) A general description of the appropriate activities, such as maximum employment, visitor traffic and delivery service.
(3) The location, dimensions, arrangement and proposed use of all open spaces, yards, streets, accessways, entrances, exits, off-street parking facilities, loading and unloading facilities, pedestrianways and buffer yards.
(4) The character of the buffer area and screening devices to be maintained, including the dimensions and arrangement of all areas devoted to planting, lawns, trees or similar purposes.
(Ord. 565, 11/17/1986, §140-90)
§27-1316 Additional Area and Bulk Regulations for Residential Structures.
There shall be a minimum habitable square feet of floor area for each dwelling unit as shown below: (Note: when Federally-funded housing for the elderly is planned, the minimum property standards published by the Federal Department of Housing and Urban Development shall prevail.)
|
Type of Unit |
Minimum Habitable Floor Area |
|
Efficiency |
250 |
|
One bedroom |
500 |
|
Two bedroom |
650 |
|
Three bedroom |
750 |
|
Four bedroom |
850 |
(Ord. 565, 11/17/1986, §140-90.1)
§27-1317 Conversion Regulations.
1. Area and Bulk Regulations–Commercial Conversions. There will be no minimum area and bulk regulations on commercial conversions, except as follows:
A. Distance between buildings–minimum of 10 feet between principal building where the use abuts any residential use. This minimum may be waived as a special exception by the Zoning Hearing Board.
2. Area and Bulk Regulations–Residential Conversions.
A. Conversion to single or two-family dwellings–no minimum setbacks. However, habitable floor area (§27-1316) and density requirements (§27-606) shall apply.
B. Conversion to multi-family dwellings–there shall be no minimum area or bulk regulations on multi-family conversions, except as follows:
(1) Distance between buildings–minimum of 10 feet between principal buildings where the use abuts any use containing a single or two-family dwelling. This minimum may be waived by a special exception by the Zoning Hearing Board.
(2) All conversions to multi-family housing shall meet the density factors as stipulated in §27-606 and shall meet all habitable floor area regulations in accordance with §27-1317.
3. Area and Bulk Regulations–Semipublic Conversions. See §27-607.
4. All supplemental regulations of this Chapter and parking regulations of Part 14 shall apply.
5. No two-family dwelling may be converted into and used as a dwelling for three or more families unless both halves of the two-family dwelling unit are owned by the same individual or entity.
6. Conversion of accessory uses to residential uses is prohibited except where the first floor is preserved as an accessory use only.
7. No conversion shall be allowed which creates a nonconformance or increases the extent of a nonconformance.
(Ord. 565, 11/17/1986, §140-90.2)