The following regulations shall apply to existing
lawful buildings, lots and uses which do not conform to the provisions
of this chapter or to the provisions of any subsequent amendment hereto:
A.
Nonconforming uses. Except as hereinafter provided
in this article, the lawful use of a building on any land or premises
existing at the time of the effective date of this chapter or of any
subsequent amendment or at the time of a change in the Zoning Map,
may be continued although such use does not conform to the provisions
hereof or of any subsequent amendment.
(1)
A nonconforming use may be changed to another
nonconforming use of the same or a higher class by grant or special
exception only upon determination by the Zoning Hearing Board, that
the proposed use will be at least as acceptable to its neighborhood
and surroundings as the use it is to replace. In determining acceptability,
the Zoning Hearing Board shall take into consideration, among other
things, erosion and sedimentation control, ecological impact, traffic
generation, nuisance characteristics such as emission of noise, odor,
dust and smoke, fire hazards and the hours and manner of operation.
(2)
The nonconforming use of a building shall not
be extended or enlarged nor shall a building housing a nonconforming
use be extended or enlarged unless the Zoning Hearing Board shall,
by special exception, authorize the extension of a nonconforming use
throughout the building or the limited extension of a building on
a lot. The Zoning Hearing Board may grant such special exception,
provided that:
(a)
It finds that such extension is not materially
detrimental to the character of the surrounding area or the interests
of the Borough.
(b)
The area devoted to the nonconforming use shall
in no case be increased by more than 50%.
(c)
Any extension of a building shall conform to
the area, height and setback regulations of the district in which
it is situated.
(d)
No more than one extension to a building housing
a nonconforming use shall be granted.
(3)
Nonconforming buildings. A nonconforming building
or structure housing or constituting a conforming use may continue
and such a building or structure may be altered or extended if such
alteration or extension does not increase the nonconformity of the
structure with respect to the setback, land coverage and density requirements
of this chapter or any subsequent amendments.
(4)
Cessation of use. Whenever a nonconforming use
of land, building or any part or portion thereof has been discontinued
for a period of six months, such nonconforming use shall not thereafter
be reestablished and all future uses shall be in conformity with this
chapter.
(5)
A nonconforming structure which has been damaged
or destroyed by fire or other casualty may be reconstructed to its
former dimensions and uses for the same purpose for which it was used
before its damage or destruction, provided that such reconstruction
shall be commenced within one year from the date of damage or destruction
and shall be completed within one year thereafter.
A.
No use shall:
(1)
Constitute any nuisance whatsoever beyond the
boundary of the site on which the use is located by reason of dissemination
of noxious, toxic, or corrosive fumes, smoke, odor or dust.
(2)
Result in noise or vibration exceeding the average
intensity of noise or vibration occurring from other causes at the
boundary line.
(3)
Endanger surrounding areas by reason of fire
or explosion.
(4)
Produce objectionable heat, glare, or radiation
beyond the property line.
(5)
Result in electrical disturbance in nearby residences,
or adversely affect the operation of equipment other than on the property
on which the disturbance is located.
(6)
Discharge any untreated sewage, or industrial
waste into any stream, or otherwise contribute to the pollution of
surface or underground waters.
(7)
Create any other objectionable condition in
an adjoining area which will endanger public health and safety or
be detrimental to the proper use of the surrounding area.
B.
Where requested by the Borough, an applicant for a
proposed use shall demonstrate as a condition of approval that adequate
provisions will be made to reduce and minimize any objectionable elements
to the degree necessary to insure that the proposed use will not be
noxious, hazardous or offensive as defined above. If required, the
applicant shall submit supplemental information, plans and impartial
expert judgments, and the Borough may require the expert advice of
official agencies or private consultants and such reasonable tests
as are deemed necessary, the costs of which shall be borne by the
applicant.
No person, firm or corporation shall strip,
excavate or otherwise remove top soil for sale or for use other than
on the premises from which such top soil is taken except in connection
with the construction or alteration of a building on such premises
and excavating or grading related thereto.
The Borough of Chester Heights shall be the
sole owner and operator of landfills. No landfill shall be permitted
within the Borough unless it shall be owned and operated by the Borough
of Chester Heights.
[Added 9-13-2004 by Ord. No. 174]
Self-storage facilities: establishments providing
facilities consisting of buildings, rooms, or secured area(s) within
buildings with separate access for the on-site storage and removal
of the personal property of others as tenants, licensees or lessees,
with the following provisions.
A.
Self-storage facilities shall be permitted by conditional
use in a Mobile Home Park Zoning District, provided that the self-storage
facility complies with the following:
(1)
Access. Access to the self-storage facility
shall be provided only from a state highway or roadway.
(2)
Security.
(a)
Residential living accommodations may provide
for an on-site manager, watchman, staff or employee, who shall be
present during regular business hours.
(b)
The self-storage facility shall be fenced for
the entire perimeter of the lot. The fence shall be a decorative,
black tubular steel or picket fence that provides security but does
not exceed a height of eight feet.
(c)
Entry to the self-storage facility and any units
thereof shall be secure and regulated such that entry and access may
only be made by authorized tenants, licensees or lessees during regular
business hours.
(d)
An on-site office shall be provided and staffed
during regular business hours of 6:00 a.m. and 10:00 p.m.
(e)
Except as otherwise approved by conditional
use approval of Borough Council, all storage shall be inside of a
fully enclosed storage unit.
B.
Area regulations.
(1)
Lot area and width. Every lot shall have a minimum
gross lot area of not less than five acres and shall be not less than
200 feet at the building line.
(2)
Front yard. There shall be a front yard of not
less than 40 feet in depth.
(3)
Side yard. There shall be two side yards neither
of which shall be less than 35 feet in width.
(4)
Rear yard. There shall be a rear yard which
shall not be less than 100 feet.
(5)
Building area. Not more than 45% of the area
of the lot may be occupied by buildings.
(6)
Lot area. Not more than 75% of the area of the
lot may be covered by impervious surfaces.
C.
Height restrictions. No building or structure shall
exceed 25 feet in height. Final height of all buildings and structures
shall be as approved by conditional use approval of Borough Council.
D.
Landscaping.
(1)
Screening. As part of any required landscaped
buffer, a completely planted visual barrier, or landscape screen,
shall be provided between any self-storage facility and any contiguous
residentially zoned district. This screen shall be composed of evergreen
plants and trees arranged to form both a low-level and a high-level
screen. The high-level screen shall consist of evergreen trees, specimens
a minimum of eight feet tall and planted at intervals of not more
than 10 feet. The low-level screen shall consist of evergreen shrubs
or hedges planted at an initial height of not less than two feet and
spaced at intervals of not more than five feet. The low-level screen
shall be planted in alternating rows to produce a more effective barrier.
(2)
Landscaping. Any part or portion of the site
which is not used for buildings, other structures, loading, parking
spaces, aisles, or permitted storage shall be planted with an all-season
ground cover and shall be landscaped with small trees and shrubs in
accordance with an overall landscape plan.
(3)
Yard buffers. Front, rear and side yards shall
contain landscape buffers as follows:
(a)
Front yard. The front yard shall contain a landscaped
buffer of at least 30 feet in depth along the entire frontage of the
lot except in the area(s) providing for access to the self-storage
facility.
(b)
Side yard. Side yards shall contain a landscaped
buffer of at least 20 feet in depth along the entire length of the
side yard.
(c)
Rear yard. Rear yards shall contain a landscaped
buffer of at least 30 feet in depth along the entire length of the
rear yard.
(d)
All yards. The screening required under this
section may be located within and as a part of the required landscaped
yard buffers. Borough Council may require the installation of earthen
berms, fences or similar buffer enhancements in the yard buffer areas.
E.
Stormwater management. Stormwater management shall
comply with the provisions of the Chester Heights Borough Subdivision
and Land Development Ordinance (SDLO).[1] Stormwater management facilities may be located within
required yard setbacks and buffer areas and, when located in the buffer
areas, shall be screened or landscaped as approved by Borough Council.
F.
Outdoor storage. Outdoor storage shall be prohibited
excect as approved by conditional use approval of Borough Council.
G.
Vehicle, equipment, merchandise display/rental. No
display, advertisement or rental of vehicles, equipment or merchandise
shall be permitted.
H.
Parking. A minimum of four on-site parking spaces,
including required handicap parking, shall be provided at the office.
All nonhandicap parking spaces shall be 9 1/2 feet by 20 feet.
Adequate provisions for parking shall be provided for each storage
unit to allow for loading and unloading of the unit while not obstructing
access to or from any other unit. Use of off-site parking is not permitted.
I.
Emergency facilities and services. Plans shall include
proposed circulation, loading areas, aisle widths and building placement
as approved by the Fire Marshal.
K.
Self-storage facility design. In addition to the regulations
and standards set forth above, the self-storage facility shall be
designed taking into consideration the physical features of the site
and the general character of the Borough and the neighborhood in which
the self-storage facility is proposed to be located.
