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Clark Borough
Zoning Ordinance
November 7, 2000
Clark Borough 2010:
A Community with friendly and safe neighborhoods, exceptional public
recreation opportunities, solid infrastructure, gorgeous landscapes, and
a diversified economic base.
TABLE OF CONTENTS
ARTICLE I - SHORT TITLE - PURPOSE - SCOPE - APPLICATION - INTERPRETATION
SECTION 100: SHORT TITLE
SECTION 101: PURPOSE
SECTION 102: SCOPE
SECTION 103: APPLICATION
SECTION 104: INTERPRETATION
ARTICLE II - COMMUNITY DEVELOPMENT OBJECTIVES
SECTION 200: PURPOSE OF COMMUNITY DEVELOPMENT OBJECTIVES
SECTION
201: OVERALL GOAL
201.1: Specific Objectives
ARTICLE III - ZONING DISTRICTS
SECTION 300: ZONING DISTRICTS
300.1: Flood Plain Overlay Zoning District
300.2: Agriculture/Residential District
300.3: Rural/Residential District
300.4: Business-Highway Service District
300.5: Industrial District
SECTION 301: BOUNDARIES OF ZONING DISTRICTS
301.1: Where a Zoning District boundary approximately follows a street or alley
301.2: Where a Zoning District boundary approximately parallels a street lot line or alley lot line
301.3: Where a Zoning District boundary approximately follows a lot line
301.4: Submerged Areas
301.5: Classification of Annexed Lands
301.6: Vacation of Public Ways
301.7: Where a Zoning District Boundary does not follow a physical feature lot line
ARTICLE IV - MANUFACTURED HOME PARK REGULATIONS
ARTICLE V - PERMITTED USES - USE PROVISIONS
SECTION 500: PRINCIPAL, CONDITIONAL, AND SPECIAL EXCEPTION USES
SECTION 501: ACCESSORY USES
SECTION 502: PRINCIPAL PERMITTED USE PROVISIONS
502.1: Automobile Wrecking Yard (Junk Yard)
502.2: Bulk Storage & Distribution Facilities for Petroleum/Natural Gas Products
502.3: Car Wash
502.4: Fuel Service Stations
502.5: Kennels
502.6: Manufactured Home Park
502.7: Recreational Vehicle Park
502.8: Single-family dwellings and two family dwelling
502.9: Trucking Facilities
502.10 Wireless Telecommunication Facilities
SECTION 503: PRINCIPAL CONDITIONAL USE PROVISIONS
503.1: Adult Entertainment Establishments
503.2: Group Homes
503.3: Multi-Family Dwelling
SECTION 504: PRINCIPAL SPECIAL EXCEPTION USE PROVISIONS
504.1: Mineral Extraction
SECTION 505: ACCESSORY USE PROVISIONS
505.1: Boarding Units, Lodging Units, Rooming Units, and Bed and Breakfast
505.2: Farm Stand
505.3: Home Businesses
505.4: Home Occupations
505.5: Parking and Loading Facilities
505.6: Service Facility
505.7: Signs
505.8: Storage of Inflammable Liquids
505.9: Walls, Fences, Lamp Post, and Similar Accessory Landscape Structures
ARTICLE VI - LOT, YARD, AND HEIGHT REQUIREMENTS
SECTION 600: AR - DENSITY, YARD, LOT, HEIGHT, & AREA REQUIREMENTS
SECTION 601: R-1 - DENSITY, YARD, LOT, HEIGHT, & AREA REQUIREMENTS
SECTION 602: B-1& I - DENSITY, YARD, LOT, HEIGHT, & AREA REQUIREMENTS
SECTION 603: R-2 - DENSITY, YARD, LOT, HEIGHT, & AREA REQUIREMENTS
SECTION 603: MHP - DENSITY, YARD, LOT, HEIGHT, & AREA REQUIREMENTS
ARTICLE VII - DEVELOPMENT REGULATIONS
SECTION 700: Development Regulations for Any Non-Farm Related Residential Use
700.1: Stormwater Management
700.2: Agricultural Considerations Article
700.3: Parking and Loading Regulations Article
700.4: Sign Regulations Article
SECTION 701: Development Regulations for Any Multiple Family Residential Uses
SECTION 702: Development Regulations for Any Business/Commercial or Industrial
702.1: Provisions of Use
702.2: Buffer and Screening Requirements for Any Business Use
702.3: Parking and Loading Regulations
702.4: Sign Regulations
ARTICLE VIII - SIGN REGULATIONS
SECTION 800: PURPOSE
SECTION 801: APPLICABILITY
SECTION 802: COMPUTATIONS OF SIGNS
802.1: Computation of Area of Individual Signs
802.2: Computation of Area of Multifaced Signs
802.3: Computation of Height
SECTION 803: PERMITTED PERMANENT SIGNS
Table 803: Signs and Requirements for Sign Type, Area, Dimensions and Location
SECTION 804: TEMPORARY SIGNS ON PRIVATE PROPERTY
SECTION 805: SIGN DESIGN, CONSTRUCTION AND MAINTENANCE STANDARDS
SECTION 806: SIGN LOCATION AND DESIGN APPLICATION
806.1: Master Signage Plan
806.2: Actions on Sign Applications
SECTION 808: SIGNS IN THE PUBLIC RIGHT-OF-WAY
808.1: Permanent Signs
808.2: Temporary Signs
808.3: Emergency Signs
808.4: Other Signs Forfeited
SECTION 808: TERMINATION OF NON CONFORMING SIGNS
808.1: Removal of Non-Conforming Signs
808.2: Damaged or Destroyed Non-Conforming Signs
808.3: Signs Erected in Violation
808.4: Obsolete Signs
ARTICLE IX - PARKING AND LOADING REGULATIONS
SECTION 900: OFF-STREET PARKING/LOADING FACILITY REQUIREMENTS
900.1: New Use of a Structure and/or Land
900.2: Increase in Intensity of Use of a Structure and/or Land
900.3: Change in Use of Structure and/or Land
900.4: Size of Parking and Loading Spaces
900.5: Required Parking Spaces for Each Use
900.6: Required Loading Spaces
SECTION 901: GENERAL PROVISIONS
901.1: Location of Required Parking Facilities
901.2: Location of Required Loading Facilities
901.3: Use of Required Parking and/or Loading Facilities by Another Use
901.4: Encroachment and Reduction
901.5: Off-Street Parking and Loading Spaces for Uses Not Specifically Mentioned
ARTICLE X - SUPPLEMENTARY REGULATIONS
SECTION 1000: SUPPLEMENTARY LOT AND YARD REGULATIONS
1001.1: Number of Principal Structures on a Lot
1001.2 Subdivision of Lot
1001.3: Yard, Width and Area Exceptions for a Lot of Record
1001.4: Determination of Yards and Minimum Distance to Lot Lines on Irregularly Shaped Lots
1001.5: Projection into and Occupancy of Yards or Other Open Spaces
1001.6: Porches, Carports, & Similar Attached Accessory Structures Whether Open/Enclosed
1001.7: Fences
1001.8: Visibility at Intersections and Driveways
SECTION 1002: SUPPLEMENTARY HEIGHT REGULATIONS
1002.1: Height Measurement
1002.2: Height Regulations Not Apply
SECTION 1003: TEMPORARY MANUFACTURED HOMES
SECTION 1004: AGRICULTURAL DEED NOTATION
ARTICLE XI - NON-CONFORMING USES, STRUCTURES AND LOTS
SECTION 1100: INTENT AND STANDARDS
SECTION 1101: NON-CONFORMING LOTS OF RECORD
SECTION 1102: NON-CONFORMING USES OF LAND
SECTION 1103: NON-CONFORMING STRUCTURES
SECTION 1104: NON-CONFORMING USES OF STRUCTURES
SECTION 1105: REPAIRS AND MAINTENANCE
SECTION 1106: USES GRANTED UNDER SPECIAL EXCEPTION PROVISIONS
ARTICLE XII - ADMINISTRATION AND ENFORCEMENT
SECTION 1200: OFFICE OF ZONING OFFICER
1200.1: Creation of Office
1200.2: Appointment
1200.3: Official Records
1200.4: Compensation of the Zoning Officer
SECTION 1201: DUTIES AND POWERS OF THE ZONING OFFICER
1201.1: Permits and Certificates of Use and Occupancy
1201.2: Annual Report
1201.3 Right of Entry
1201.4: Registration of Non-Conforming Uses and Structures
SECTION 1202: APPLICATION FOR PERMIT & CERTIFICATE OF USE & OCCUPANCY
1202.1: When Permit is Required
1202.2: When Permit is Not Required
1202.3: When a Certificate of Use and Occupancy is Required
1202.4: Forms of Application
1202.5: Plot Diagram
1202.6: Amendments to a Permit
1202.7: Expiration of Permits
SECTION 1203: ACTION ON PERMITS & CERTIFICATES OF USE & OCCUPANCY
1203.1: Action on Permit Application
1203.2: Posting of Permit
1203.3: Revoking a Permit
1203.4: Action Upon Completion
SECTION 1204: FEES
1204.1: Payment of Fees
SECTION 1205: ENFORCEMENT NOTICE
SECTION 1206: PROSECUTION OF VIOLATION
ARTICLE XIII - ZONING HEARING BOARD
SECTION 1300: CREATION, MEMBERSHIP AND ORGANIZATION
SECTION 1301: JURISDICTION AND FUNCTIONS
SECTION 1302: HEARINGS
SECTION 1303: TERMINATION AND MODIFICATION OF PERMIT
1303.1: Termination of Permits
1303.2: Modification of a Permit
SECTION 1304: PARTIES APPELLANT BEFORE THE BOARD
SECTION 1305: APPLICATIONS AND FEES
SECTION 1306: SPECIAL EXCEPTIONS
1306.1: Other Principal Uses Not Explicitly Permitted Within a Zoning District
1306.2: For the Modification of Off-Street Parking and Loading Facility Requirements
1306.3: Mineral Excavation Regulations
ARTICLE XIV - AMENDMENT, SUPPLEMENT OR CHANGE
SECTION 1400: PROCEDURE FOR AMENDMENTS
SECTION 1500: ZONING APPEALS
SECTION 1600: SEVERANCE
SECTION 1700: REPEAL OF THE 1987 ZONING ORDINANCE
SECTION 1800: GENERAL INTERPRETATION
SECTION 1801: DEFINITION OF TERMS
SECTION 1900: EFFECTIVE DATE
SECTION 2000: CERTIFICATION
SHORT TITLE - PURPOSE - SCOPE - APPLICATION - INTERPRETATION
SECTION 100: SHORT TITLE
This ordinance shall be known as the "Clark Borough Zoning Ordinance" hereinafter referred to as the "Zoning Ordinance".
The official map showing zoning districts and boundaries shall be known as the "Clark Borough Zoning Map" copies of which shall be retained by the Borough Zoning Officer and the Borough Secretary. The map included herein is a reproduction of the official map and for reference only.
SECTION 101: PURPOSE
The regulations of the "Zoning Ordinance" are made in accordance with the following purpose:
(1) to lessen congestion on the streets and highways;
(2) to secure safety from fire, panic and other dangers;
(3) to promote health and general welfare;
(4) to provide adequate light and air;
(5) to prevent the overcrowding of land;
(6) to avoid undue congestion of population;
(7) to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;
(8) to protect and enhance the value of land;
(9) to encourage yet control new development and growth in the Borough.
Such regulations are also made with reasonable consideration to the character of the districts hereinafter set forth and their suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Borough.
SECTION 102: SCOPE
The "Zoning Ordinance" regulates and restricts within the boundaries of Clark Borough, Mercer County, Pennsylvania:
(1) the height, number of stories and size of buildings and other structures;
(2) their construction, alteration, extension, repair and maintenance;
(3) all facilities and services in or about such buildings and structures;
(4) the percentage of lot that may be occupied;
(5) the size of yards, courts, and other open spaces;
(6) the density of population;
(7) the location and use buildings, structures and land for trade, industry, residence or other purposes;
(8) the establishment and maintenance of building lines and setback building lines upon any or all public streets or highways.
SECTION 103: APPLICATION
In applying the provisions of the Zoning Ordinance, they shall be held to be the minimum requirements as they shall apply to the use, and/or occupancy of all buildings, other structures and/or lots. Where the Zoning Ordinance imposes greater restrictions than those of any statute, other ordinance or regulations, the provisions of the Zoning Ordinance shall be controlling. The Zoning Ordinance is not intended to interfere with any covenant or other agreement between private parties. However, where the Zoning Ordinance imposes greater restrictions than those imposed by any such easement, covenant or agreement, the provisions of the Zoning Ordinance shall govern. Where any such easement, covenant or other agreement imposes greater restrictions than those imposed by the Zoning Ordinance, those shall govern.
SECTION 104: INTERPRETATION
In interpreting the language of the Zoning Ordinance to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the governing body, in favor of the property owner and against any implied extension of the restriction.
COMMUNITY DEVELOPMENT OBJECTIVES
SECTION 200: PURPOSE OF COMMUNITY DEVELOPMENT OBJECTIVES
This article shall serve as the statement of community development objectives for the Clark Borough Zoning Ordinance as required by Section 606 of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended). The Zoning Ordinance reflects the policy goals of the Borough as stated in the following community development objectives and has been developed as a legislative and administrative tool of the Borough to implement said objectives.
SECTION 201: OVERALL GOAL
Clark Borough's overall goal is to: maintain the pleasant rural atmosphere of the Borough and allow agriculture activities to flourish along with residential, commercial, and industrial growth.
201.1: Land Use Objectives
Maintain small town atmosphere.
Assure infrastructure and land use planning are coordinated.
Avoid conflicts between incompatible land uses.
Encourage land use patterns which preserve and set aside open space.
Promote public roadways throughout the Borough.
201.2: Economic Objectives
(1) Attract planned business and residential development.
(2) Provide appropriate amounts of land for commercial and light industrial development.
(3) Require safe, clean, quiet, and aesthetic commercial and light industrial development.
(4) Encourage the development of locally owned business.
201.3: Housing Objectives
Promote "medium" density single-family development.
Develop single-family and multi-family residential districts.
Promote open space within residential districts.
Advocate the need for pedestrian and traffic friendly residential districts.
201.4: Community Facilities Objectives
Advance the amount of municipal-owned property.
Assure all land uses have safe and efficient public access and infrastructure.
Advocate development patterns that do not contribute to traffic congestion.
201.5: Natural Resources and Agricultural Preservation Objectives
Maintain low levels of non-farm development in thriving agricultural areas.
Discourage the development of environmentally sensitive areas.
Promote the conservation of natural resources.
ZONING DISTRICTS
SECTION 300: ZONING DISTRICTS
Clark Borough is hereby divided into the following six Zoning Districts:
|
DISTRICT NAME |
ABBREVIATION |
|
Agricultural/Residential |
AR |
|
Residential |
R-1 |
|
Multi-Family Residential |
R-2 |
|
Manufactured Housing Park |
MHP |
|
Business |
B-1 |
|
Industrial |
I |
300.1: Agriculture/Residential District - AR
The Agriculture/Residential District is designed to encourage the longevity of the Borough’s agricultural community while allowing investment in related agriculture activities and low density residential uses that do not impair the basic rural functionality and character of the area.
300.2: Residential District - R- 1
The Residential District is designed to promote flexible diverse residential development in areas where agricultural activities have declined and a pattern of residential development has emerged. The District reduces development cost and assures affordable housing by allowing flexible density requirements.
300.3: Multi-Family Residential District - R-2
The Multi-Family Residential District is designed to promote the development of quality multi-family housing units and assures affordable housing by allowing flexible density requirements.
300.4: Manufactured Housing Park District - MHP
The Manufactured Housing Park District is designed to promote the development of a Manufactured Housing Park.
300.5: Business District - B-1
The Business-Highway Service District is designed to encourage sound development of business establishments along major highways principally designed to serve the residents of the Borough, and such other uses that are dependent on highway access and visibility.
300.6: Industrial District - I
The Industrial District is designed to encourage the development of land that has both access to arterial highways and the proper infrastructure for the manufacturing, assembly, compounding, processing or storage of products.
SECTION 301: BOUNDARIES OF ZONING DISTRICTS
Zoning Districts’ boundaries shall be as shown on the Zoning Map. Where uncertainly exists with respect to various Zoning Districts’ boundaries, the following rules shall apply:
301.1: Where a Zoning District boundary approximately follows a street or alley
The centerline of such street or alley shall be interpreted to be the Zoning District boundary.
301.2: Where a Zoning District boundary approximately parallels a street lot line or alley lot line
The boundary shall be interpreted as being parallel to it and at such distance from it as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on the Zoning Map.
301.3: Where a Zoning District boundary approximately follows a lot line
The lot line shall be interpreted to be the Zoning District boundary.
301.4: Submerged Areas
Where areas within the Borough are underwater and are bounded by two or more zoning districts, the boundary lines of these districts shall be extended to the center of the body of water.
301.5: Classification of Annexed Lands
Any land annexed to or made a part of the Borough subsequent to the adoption of this ordinance, shall immediately be classified in the same Zoning District as the area to which it is contiguous, as of the effective date of annexation.
301.6: Vacancy of Public Ways
Whenever any street or alley is vacated, the Zoning District or Districts adjoining the side of such street or alley shall be automatically extended to the center of the vacated area.
301.7: Where a Zoning District Boundary does not follow a physical feature or lot line and none of the previous rules apply
The location of such boundary, unless the same is indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale appearing thereon.
MANUFACTURED HOUSING PARK ZONING DISTRICT
SECTION 400: INTENT & REGULATION
The Manufactured Housing Park District is provided to encourage the development of a quality single-family residential district. Development in the Borough's Manufactured Housing Park Zoning District shall conform to the Manufactured Housing Park Regulations, as outlined in Article VII, of the Mercer County Subdivision and Land Development Regulations, as amended.
PERMITTED USES - USE PROVISIONS
SECTION 500: PRINCIPAL, CONDITIONAL, AND SPECIAL EXCEPTION USES
|
ZONING DISTRICTS |
|||||||
|
PRINCIPAL USES |
AR |
R-1 |
R-2 |
MHP |
B-1 |
I |
|
|
Agricultural Services |
x | x | x | ||||
|
* Automobile Wrecking Yard (Junk Yard) |
x | ||||||
|
Automotive Repair Facility |
x | x | |||||
|
Automotive Sales Establishment |
x | x | |||||
|
* Bulk Storage &
Distribution Facility |
x | x | |||||
|
* Car Wash |
x | x | |||||
|
Church |
x | x | |||||
|
Child Care Center |
x | ||||||
|
Commercial Establishment |
x | ||||||
|
Commercial Recreation Facility |
x | ||||||
|
Community Facility |
x | x | x | x | |||
|
Eating and Drinking Establishment |
x | ||||||
|
Education Facility |
x | ||||||
|
Essential Services |
x | x | |||||
|
Farm (Farmland) |
x | ||||||
|
* Fuel Service Station |
x | x | |||||
|
Government Facility |
x | ||||||
|
Health Care Facility |
x | x | |||||
|
Industrial Park |
x | ||||||
|
Industrial Establishment
(Manufacturing, | |
x | ||||||
|
* Kennel |
x | x | |||||
|
* Manufactured Home Park |
x | ||||||
|
Motels and Motor Inns |
x | x | |||||
|
Nursery-( including commercial Greenhouse) |
x | x | x | ||||
|
Nursing Home |
x | x | |||||
|
* Parking and Loading Facility Section 502.6 |
x | ||||||
|
Private Recreation
Facility, |
x | x | x | ||||
|
Public Recreation Facility |
x | x | x | ||||
|
Retail Sales Establishment |
x | x | |||||
|
* Single-Family Dwelling |
x | x | x | x | |||
|
* Trucking Facility |
x | ||||||
|
Wholesale or Warehousing Operation |
x | ||||||
|
* Wireless
Telecommunication Facility |
See Article 502.9. |
||||||
|
CONDITIONAL USES |
AR |
R-1 |
R-2 |
MFH |
B-1 |
I |
|
|
* Adult Entertainment Establishment |
x |
||||||
|
* Group Home |
x |
x |
x |
x |
|||
|
* Multi-Family Dwellings |
x |
||||||
|
SPECIAL EXCEPTION USES |
AR |
R-1 |
R-2 |
MFH |
B-1 |
I |
|
|
* Mineral Extraction |
x |
x |
|||||
|
A use which is not listed may be permitted subject to the conditions outlined in Article X |
|||||||
|
SYMBOL |
ACTION |
|
x |
Permitted Use in District |
|
* |
See Article V for use provisions |
|
NOTE: See Article VII for Development Regulations |
|
SECTION 501: ACCESSORY USES
|
ZONING DISTRICTS |
||||||
|
ACCESSORY USES |
AR |
R-1 |
R-2 |
MHP |
B-1 |
I |
|
* Boarding Units, Lodging
Unit, |
x | |||||
|
Farm Structures |
x | |||||
|
* Farm Stand |
x | x | x | |||
|
Garage (Private) |
x | x | x | x | x | x |
|
Greenhouse (Private) |
x | x | x | x | ||
|
* Home Occupation |
x | x | x | |||
|
* Parking and Loading |
x | x | x | x | x | x |
|
* Service Facility |
x | x | ||||
|
* Signs |
x | x | x | x | x | x |
|
* Storage of Inflammable Liquids |
x | x | ||||
|
Swimming Pool (Private) |
x | x | x | x | ||
|
Tennis Court (Private) |
x | x | x | x | ||
|
Tool/Storage Shed |
x | x | x | x | x | x |
|
* Walls, Fences, Lamp
Post, |
x | x | x | x | x | x |
KEY
|
SYMBOL |
ACTION |
|
x |
Permitted Accessory Use in District |
|
* |
See Section 505 for Use Provisions |
|
NOTE: See Article VII for Development Regulations |
|
SECTION 502: PRINCIPAL PERMITTED USE PROVISIONS
502.1: Automobile Wrecking Yard (Junk Yard)
(1) Shall comply with the additional requirements of Clark Borough Ordinance NO. 1-1984, Clark Borough Junk Yard, Salvage Yard, and Refuse Ordinance.
502.2: Bulk Storage & Distribution Facilities for Petroleum/Natural Gas Products or by-products
(1) It shall be approved by the Fire Chief and the Commonwealth of Pennsylvania.
(2) It shall not be located within two hundred (200) feet of any lot line in any Residential District, or within thirty (30) feet of any adjoining lot line.
(3) The area shall be enclosed on all sides by a fence or wall not less than six (6) feet high and maintained in good condition.
502.3: Car Wash
(1) Sufficient off-street parking for waiting cars shall be provided.
(2) Separate entrance and exit facilities shall be provided.
(3) No entrance or exit shall be located closer than one hundred (100) feet from the intersecting right-of-way lines of road intersections.
(4) An area of at least eight hundred (800) square feet beyond the exit end of the washing structure shall be provided for drying and other finishing operations.
(5) Entrance and exit drives, parking areas, and drying areas shall be hard-surfaced and dust free.
(6) Car washes, including drives, parking areas, and drying areas, shall not be located within one hundred (100) feet of any Residential Zoning District.
(7) Prior to the Zoning Officer issuing a permit for a Car Wash, a detailed site plan illustrating the above requirements shall be submitted.
502.4: Fuel Service Stations
(1) Such establishments intended to serve solely the trucking industry shall be prohibited.
(2) Automotive repair may be permitted only as an incidental use to a gasoline service station.
(3) Such establishments shall not be located within one hundred (100) feet of a boundary line of any Residential Zoning District.
(4) Means of ingress and egress shall be located no closer than one hundred (100) feet from the intersecting right-of-way lines of road intersections.
(5) Access drives shall not exceed thirty-five (35) feet in width within ten (10) feet of the street right-of-way line.
(6) Access drives shall not exceed two per lot on any one street frontage.
(7) Storage tanks must comply with all applicable State regulations.
502.5: Kennels
All such animals shall be housed indoors except that runs may be provided outdoors.
Any structure housing such animals must be located at least fifty (50) feet from any side or rear property line, including fenced dog runs and must meet the front yard setback of principal buildings.
Screening shall be provided where adjacent to residential use. Suitable screening can be either a thick hedge, or a solid fence or wall six (6) feet to eight (8) feet in heights.
502.6: Parking Lot, Parking Structure and Loading Facilities for Public use
Shall also conform to the standards outlined in Article IX.
There shall not be any vehicle parked within fifteen (15) feet of the property line of any residential use.
Where any parking lot abuts a property in residential use, screening shall provided. Suitable screening can be either a thick hedge, or a solid fence or wall six (6) to eight (8) feet in height
There shall not be any automotive repair facility located on the lot or any automotive repairs made on any vehicles located thereon.
There shall not be any storage of material, junk, or any equipment on the lot.
There shall not be any vehicle parked in front of the front or side street building line.
502.7: Single-family Dwellings
(1) All single-family detached dwellings, as defined in Article XVIII, shall be constructed on a permanent foundation made of concrete or other permanent material whose footing extends below the frost line and encompasses the entire perimeter of the dwelling. In the case of Manufactured Homes, they shall be securely placed upon the foundation, as per the manufacturer's instructions.
(2) When an open air space between the dwelling and its foundation and/or ground occurs, the space shall be enclosed by a continuous material.
(3) Manufactured homes,
as defined by this Ordinance, are permitted in any residential Zoning District, provided:(a) They comply with the U.S. Department of Housing and Urban Development’s (HUDs) Manufactured Housing Standards, The National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq.; 24 CFR Part 3280 and Part
3282.The manufactured home must have been constructed after July 15, 1976 and contain the manufactures certification -- RED LABEL -- that the home is built in accordance with HUD’s construction and safety standards. HUD standards cover Body and Frame Requirements, Thermal Protection, Plumbing, Electrical, Fire Safety and other aspects of the home.
All Dwellings shall contain at least 1,000 square feet of living area per dwelling unit.
502.8: Trucking Facilities, the following types of trucking facilities are a permitted principal use in the Industrial Zoning:
(1) Motor freight terminals.
(2) Truck service facilities such as facilities for the sale of petroleum products (primarily to the trucking industry) and facilities for repair and maintenance service.
(3) Motor freight relay stations.
(4) Refueling and service facilities for motor freight carriers privately owned by trucking companies.
(5) Truck stops, i.e., separate or integrated facilities providing eating and/or sleeping accommodations, refueling facilities, and minor repair or service facilities.
(6) Other related facilities, whose basic function is to serve the trucking and motor freight industry.
502.9: Wireless Telecommunication Facilities
(1) Definitions: It is the purpose of this subsection, together with its subparagraphs 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 insure uniformity of application. The following definitions are intended to supplement the definitions contained in Article XVIII.
(a) Communication Antenna: Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omni-directional 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 device. The definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.
(b) Communication 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.
(c) Communication Tower: A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support Communication Antennas.
(d) Height of a Communication Tower: The vertical distance measured from the ground level to the highest point on a Communication Tower, including antennas mounted on the tower.
(e) 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.
(f) Structure: Any thing built, constructed or erected which requires location on the ground or attachment to something located on the ground.
(g) 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 an their essential buildings, excluding Communication towers and Communications Antennas, as defined herein.
(2) Permitted Types of Wireless Telecommunication Facilities in the Borough Zoning Districts:
|
TYPE OF EQUIPMENT |
R-1 |
R-2 |
MHP |
B-1 |
I |
|
|
Communication Antennas
mounted on |
x |
x |
x |
x |
x |
x |
|
Communication Antennas
mounted |
x |
x |
x |
|||
|
Communication Antennas
mounted |
x |
x |
x |
|||
|
Communication Antennas
mounted |
x |
x |
||||
|
Communication Equipment Building |
x |
x |
x |
|||
|
Communication Tower |
x |
x |
(3) Regulations governing Communication Antennas and Communications Equipment Buildings:
(a) Building mounted Communication Antennas shall not be located on any single-family, two-family or multi-family dwelling.
(b) Building mounted Communication Antennas shall be permitted to exceed the height limitations of the applicable Zoning District by no more than twenty (20) feet.
(c) Omnidirectional or whip Communications Antennas shall not exceed twenty (20) feet in height and seven (7) inches diameter.
(d) Directional or panel Communication Antennas shall not exceed five (5) feet in height and three (3) 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.
(f) Any applicant proposing Communication 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 Zoning Officer for compliance with Clark Borough’s Zoning Ordinance.
(g) Any applicant proposing Communication Antennas to be mounted on a Building or other Structure shall submit to the Zoning Officer evidence of 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.
(h) Communication Antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(i) Communication Antennas shall not cause radio frequency interference with other communications facilities located in Clark Borough, Mercer County.
(j) A Communication Equipment Building shall be subject to the height and setback requirements of the applicable Zoning District for an accessory structure.
(k) The owner or operator of Communications Antenna shall be licensed by the Federal Communications Commission to operate such antennas.
SECTION 503: PRINCIPAL CONDITIONAL USE PROVISIONS
503.1: Adult Entertainment Establishments
(1)
Purpose and Legislative Intent: The location of adult entertainment establishments is of vital concern to the Borough Council of Clark Borough especially when the location is in or near areas where minors may learn, play, pass by or would be exposed to the advertising, window displays or general atmosphere accompanying the operation. Thus, it is a firm belief of the legislative body that it has a vital duty and role to protect the moral fiber and standards of Borough residents, in particular the minors of the community. Borough Council in enacting these regulations relative to adult entertainment establishments exercise the power which has been granted to them. The Borough Council do not attempt or intend to absolutely prohibit adult entertainment establishments in the Borough but rather seek to regulate matters to promote, protect and facilitate the public health, safety, morals and general welfare of all of the residents of Clark Borough.(2)
Definitions: It is the purpose of this subsection, together with its subparagraphs 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 insure uniformity of application. It is intended that the following words, terms and phrases, whenever used, shall be construed as defined in the following subsections and subparagraphs unless from the context a different meaning is clearly intended. The following definitions are intended to supplement the definitions contained in Article XVIII:(A) For the purpose of this Article,
adult entertainment establishments" are defined as follows:Adult Bookstore - Any establishment having as a substantial or significant portion (25% or greater) of its stock in:
(a) books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
(b) instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
Adult cabaret - (1) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; (2) a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
Adult mini motion picture theater -An enclosed or unenclosed building with a capacity of more than five (5) but less than fifty (50) persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
Adult model studio - A motel or similar establishment, offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or descriptions of specified sexual activities or specified anatomical areas.
Adult motel - A motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or descriptions of specified sexual activities or specified anatomical areas.
Adult motion picture arcade - An enclosed or unenclosed building with a capacity of fifty (50) or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
Adult motion picture theater - An enclosed or unenclosed building with a capacity of fifty (50) or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation are which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
Bath House - An establishment or business which provides the services of baths of all kind, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner for the purpose of this Ordinance shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
Body painting studio - Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed.
Massage Parlor - Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
Out call service activity - An establishment or business which provides an Out call service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
Sexual encounter center - Any business, agency or person who, for any form of consideration or gratuity, provides a place where two (2) or more persons, not all members of the same family may congregate, assemble, or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical area, excluding psychosexual workshops, operated by a medical practitioner as defined below, licensed by the Commonwealth, to engage in sexual therapy.
Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(B) "Specified anatomical areas" as used herein shall mean and include any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae, or;
(2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(C) "Specified sexual activities" include the following:
(1) showing of human genitals in a state of sexual stimulation or arousal;
(2) acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio, cunnilingus, or any other specified sexual activity prohibited by law;
(3) fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
(3) Minimum Spacing and Proximity Requirements:
(A) No adult entertainment shall be located within 1,000 feet of any other adult entertainment establishment.
(B) No adult entertainment establishment shall be located within specified distances of certain land uses as set forth below:
(1) No such establishment shall be located within 1,000 feet of a dwelling.
(2) No such establishment shall be located within 5,000 feet of schools, including public and private educational facilities, and school bus stops;
(3) No such establishment shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:
Amusement park;
Camp (for minors activities);
Child care facility;
Church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
Community center;
Muse