Borough of Honesdale, PA Supplementary Regulations

Any mobile home parked or placed outside a duly permitted mobile home park shall have an adequate supply of pure water for drinking and domestic purposes and a sewage disposal system meeting Borough ordinances. Such individually sited mobile homes shall only be permitted in the A1 and R-4 Districts.

Skirting consisting of shrubbery or other suitable material shall be installed along the perimeter of each mobile home permitted under this section, which screening shall extend from the ground to the bottom of the mobile home.

Campgrounds. Campgrounds shall be considered recreational land developments and shall comply fully with the applicable requirements of Chapter 183, Subdivision and Land Development, prior to issuance of any building or zoning permits relating to the same.

§ 210-15 Conservation subdivision option.

[Amended 8-13-2007 by Ord. No. 622; 11-1-2021 by Ord. No. 709]

Conservation design development is considered a conditional use and may be used at the developer's option in A1, A2, R-1, R-2 and R-4 Districts.

General regulations. The design of all new developments in the Conservation Design Development Overlay District shall be governed by the following minimum standards:

Ownership. The tract of land shall be controlled by the applicant and shall be developed as a single entity.

Intersections and access. The number of driveways entering onto existing public streets shall be minimized.

Primary conservation areas. The design shall strictly minimize the disturbance of the following primary conservation areas, which are environmentally sensitive.

Wetlands.

Floodway.

Floodplain.

Slopes in excess of 25%.

Minimum parcel size and use regulations. In all zoning districts where permitted, tracts of five acres or more may be developed in accord with this § 210-15 at the developer's option, provided no less than 40% of any tract so developed shall be comprised of conservation open space. The following uses shall be permitted in conservation design developments at densities specified in their respective zoning districts, provided that individual lot sizes and setbacks may be reduced:

Single-family detached dwellings: single-family detached dwellings.

Two-family dwelling units or multifamily dwellings: two-family dwelling units, townhouses, or owner-occupied condominium garden apartments at the same density as single-family dwellings unless the units are otherwise permitted in the district where proposed, in which case the normal standards, including, but not limited to, density requirements, shall apply.

Conservation open space: conservation open space comprising a portion of the development, as specified above.

Retail and service establishment: In developments of 200 or more dwelling units, retail and service establishments, as defined by this chapter, may be permitted as a conditional use. Such uses shall be an integral part of the design of the development and shall primarily serve the residents of the development. The development standards for the C-1 District shall apply.

Agriculture and forestry uses.

Accessory uses: Accessory uses shall be permitted on the same lot with and customarily incidental to any permitted use and not conducted as an independent principal use.

Density factor. The number of permitted dwelling units is determined by dividing the adjusted tract acreage by the applicable density factor. Determination of the maximum number of permitted dwelling units on the development tract shall be based upon the adjusted tract acreage of the site. The adjusted tract acreage shall be determined by multiplying the acreage classified as being in the categories of constrained land by the numerical constraint factor for that category of constrained land, summing all factored constrained land areas, and then deducting the total from the gross tract area. The following areas of constrained land shall be deducted from the gross (total) tract area:

Multiply the Area of:	By This Constraint Factor:
Rights-of-way of existing public streets or highways, existing or proposed overhead rights-of-way of utility lines, and any other rights-of-way	1.00
Land under existing private streets	1.00
Designated wetlands as determined by a delineation	0.75
Floodway (If not mapped by FEMA, assume 50 feet each side of top-of-bank of stream)	1.00
100-year floodplain (if not mapped by FEMA, area is included in floodway above)	0.50
Natural ground slopes exceeding 25%	0.50
Ponds, lakes and streams	1.00

NOTE: If a portion of the tract is underlain by more than one constrained area, that acreage shall be subject to the most restrictive deduction only.

Design standards.

Dwelling lots. Dwelling lots shall not encroach upon primary conservation areas, and the layout shall respect secondary conservation areas as identified in the conditional use process.

Exterior views. Views of dwellings from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping.

Conservation open space use and design standards. Protected conservation open space in all conservation design developments shall meet the following standards:

Uses permitted on conservation open space. The following uses are permitted in conservation open space areas:

Conservation of open land in its natural state.

Agricultural and horticultural uses, including raising crops or livestock; wholesale nurseries, excluding building. Specifically excluded are commercial livestock operations involving animals likely to produce highly offensive odors.

Pasture land for horses used solely for recreational purposes, excluding buildings.

Silviculture.

Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses.

Active noncommercial recreation areas, such as previous playing fields, and playgrounds.

(g)

Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the conservation open space.

(h)

Easements for drainage, access, sewer or water lines, or other public purposes.

(i)

Underground utility rights-of-way.

Layout. The conservation open space shall be in the largest blocks possible and shall be laid out to ensure that an interconnected network of open space will be provided.

Ownership. The conservation open space may be owned and maintained in accord with § 210-44 and Chapter 183, Subdivision and Land Development, of the Borough Code.

Use by development residents. Not less than 15% of the conservation open space shall be free of wetlands, floodway, and slopes in excess of 25%.

Access. Pedestrian and maintenance access shall be provided to conservation open space reserved for subdivision residents.

Permanent conservation open space. The required conservation open space shall be subject to permanent conservation easements.

Subdivision and Land Development Ordinance open space requirement. The conservation open space provided under this § 210-15 shall satisfy the requirement for common open space in § 183-23 of Chapter 183, Subdivision and Land Development, of the Borough Code.

§ 210-16 Special lot provisions.

All yards abutting a street line or corner lots shall meet district requirements for front yards.

A clear-sight triangle of not less than 75 feet in either direction from the intersection shall be maintained on all corner lots.

§ 210-17 Commercial and manufacturing performance standards.

Wherever a commercial or manufacturing or other nonresidential use is proposed as either a conditional use or a special exception, the following performance standards shall apply and be an additional basis for review of the conditional use application:

Yards and buffers. Where a commercial or manufacturing use is contiguous to an existing residential use in an R-1, R-2, R-3, R-4, R-5 or R-6 District, the minimum side and rear yards shall be increased to 30 feet and a buffer area shall be maintained. The buffer may consist of either a solid fence, not less than six feet in height, or dense evergreen plantings, not less than six feet high and a minimum of five feet wide, or other designs which achieve the required results. All buffer areas required by this chapter must be reviewed by the Borough Planning Commission and approved by Borough Council prior to the issuance of a permit. Buffer areas along street rights-of-way must comply with required clear sight triangles.

[Amended 11-1-2021 by Ord. No. 709]

Fire and explosion hazards. All activities involving, and all manufacturing, production or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire fighting and fire suppression equipment and devices standard in the industry shall be required. Burning of waste materials in open fires is prohibited. The relevant provisions of federal, state and local laws and regulations shall also apply. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer. Minimum front, side and rear yards shall be increased to 150 feet. Gasoline service stations shall be exempt from these increased yard requirements, provided that the applicant can provide documentation that compliance is being made with Commonwealth of Pennsylvania regulations regarding the storage and dispersing of gasoline in underground storage tanks and equipment.

Radioactivity or electric disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. All applicable federal regulations shall apply.

Noise.[1] The outdoor day/night average sound level (DNL) in decibels at the property line shall not exceed 65 decibels. The Zoning Officer in the investigation of a violation shall initially estimate DNL using the "Walk-Away Test" as described in the U.S. Department of Housing and Urban Development's 1979 Noise Assessment Guidelines. Should the test indicate a DNL exceeding 65 decibels, the Officer shall notify the owner and any aggrieved party of his findings and the potential violation. He shall also recommend appropriate abatement measures. Should a subsequent investigation still indicate a problem, the Officer shall determine such average sound level by taking not less than three measurements with a decibel meter, all of which shall occur within 72 hours but no less than 15 minutes apart.

Editor's Note: See also Ch. 140, Noise.

Vibration. No vibration shall be permitted which is detectable without instruments at the property line.

Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, shall be permitted so as to be visible at the property line. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.

Smoke. No emission shall be permitted from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyright 1954.

Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling.

Surface and ground water contamination. All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and details of planned safety devices and contamination response actions shall be provided by the developer.

The Zoning Officer shall ensure these standards are met prior to issuing a certificate of use for the use and may require the applicant(s) to provide documentation from a professional engineer (PE) as to the same.

Sidewalk dining.

[Added 11-1-2021 by Ord. No. 709]

All sidewalk dining areas shall be open for ingress and egress to the pedestrian path. Clear, continuous passage of the pedestrian path shall be provided through or adjacent to all sidewalk dining areas. The minimum required clear path shall be four feet in width to allow passing areas. The clear area shall be free of any obstructions such as trees, landscaping, street furniture, signs and the like in order to allow adequate pedestrian movement.

Sidewalk dining areas shall also not interfere with any utilities or other facilities such as light poles, fire hydrants, signs, landscaping, mailboxes, or benches located on the sidewalk or public right-of-way. The sidewalk dining area may not impinge on any required clear distances for maneuvering around entrances or exits.

The use of removable umbrellas and other similar coverings may be permitted, provided that no portion of the umbrella or other covering infringes on the clear pedestrian path. Umbrellas shall have weighted bases. No portion of an awning or other covering shall be less than eight feet above the sidewalk. No permanently constructed nonretractable or nonremovable awning, umbrella or other coverings shall be permitted.

Any lighting for sidewalk dining areas shall not cause a glare to passing pedestrians or vehicles. Outdoor heaters may also be used, provided they are placed a minimum of two feet inside the designated sidewalk dining area (two feet away from the designated pedestrian path). Electrical wires and cords shall not be permitted in the sidewalk dining area.

§ 210-18 Multifamily dwellings.

Procedure.

Multifamily dwelling projects shall be conditional uses subject to the provisions of this chapter and shall also be considered major subdivisions and land developments subject to the jurisdiction of Chapter 183, Subdivision and Land Development. The major subdivision classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development, and approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multifamily dwelling projects, accordingly, will be made to Honesdale Borough in the manner provided under Chapter 183, Subdivision and Land Development. The developer shall also submit all information required by said Chapter 183, plus the following additional information:

An application for multifamily dwelling conditional use approval on a form to be supplied by the Borough or, in the absence of such form, by a letter or brief from the developer or the developer's representative indicating how the development will specifically comply with or meet the conditional use criteria contained in § 210-38 of this chapter.

A proposed lot plan showing the approximate (generally within five feet) location of all buildings and improvements, including parking areas, planting strips (if any), signs, storm drainage facilities, water supply and distribution system, sewage treatment and collection systems and the specific areas provided as open space in connection with the requirements of this chapter. Building layouts, floor plans and profiles shall also be provided indicating building dimensions, numbers, and sizes of units, common ownership or use areas (apart from the open space referenced below), lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in Honesdale Borough. Setbacks from property lines, improvements and other buildings shall also be indicated.

A schedule or plan, and proposed agreement(s) either with the Borough or a property owners' association for the purpose of dedicating, in perpetuity, the exclusive use and/or ownership of the recreation area and open space required by this chapter to the prospective dwelling owners or occupants. Such agreement may be incorporated in the applicant's proposed covenants and restrictions, but shall, in any event, provide to the satisfaction of the Borough that maintenance and use of the property, regardless of ownership, be restricted to either:

Activities intended for the sole benefit of the occupants of the particular project proposed; or

[2]

Permanent open space as hereinafter provided.

The application package shall be processed on a schedule identical with requirements for review and approval of other preliminary plans under Chapter 183, Subdivision and Land Development, including providing the Wayne County Planning Commission with an opportunity to review copies of the entire package. The Borough Planning Commission, before recommending action to Borough Council, may also hold a public hearing pursuant to the Pennsylvania Municipalities Planning Code.[1] The Honesdale Borough Planning Commission shall then report its findings together with a recommendation indicating whether the conditional use criteria contained in § 210-38 will be met.

Editor's Note: See 53 P.S. § 10101 et seq.

Borough Council shall act on the preliminary plan, conditional use, and "Planning Module for Land Development" concurrently, making the preliminary plan approval, if one shall be given, subject to approval by the Pennsylvania Department of Environmental Protection (DEP). No building permit shall be issued to the applicant, however, until all conditions attached to the approval of any preliminary plan, including DEP approval of the planning module, shall have been satisfied, and nothing herein shall be construed as permitting the issuance of a building permit prior to preliminary approval. This requirement notwithstanding, the conditional use building permit application shall be made with the preliminary plan and shall, if granted, be valid for a period equal to that for preliminary plan approval. If the preliminary plan shall be rejected, no conditional use building or zoning permit shall be granted.

Following preliminary plan approval, the developer shall provide for the installation of required or proposed improvements, including, but not limited to, streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building improvements shall similarly be completed or guaranteed prior to the applicant's request for final approval. No certificate of use shall, however, be issued until such time as:

Final plan approval shall have been granted in accordance with the procedures and informational requirements of Chapter 183, Subdivision and Land Development; and

Buildings have been completed and inspected by the Zoning Officer.

Complete final building plans shall also be submitted as part of the final plan application.

No person shall sell, transfer, lease or agree or enter into an agreement to sell or lease any land and/or building or interests in the individual dwelling units to be created, or erect any building thereon, except in accord with the provisions of this section, unless final approval has been granted and the plan has been recorded in the Office of the Wayne County Recorder of Deeds.

Location. No multifamily development shall be permitted within 100 feet of any R-1 District or existing residential structure, unless there shall be a one-hundred-foot setback of all buildings and improvements from the property lines of any adjacent parcels and 75 feet from any public right-of-way.

Density. Multifamily dwelling projects shall be granted a 100% density bonus, above the number of dwelling units per acre which would be permitted within the district if the parcel on which the units are to be constructed were to be developed for single-family residential, deducting the following acreage and dividing by the number of proposed units:

Land contained within public rights-of-way;

Land contained within the rights-of-way of existing or proposed private streets (where formal rights-of-way are not involved, the width of the street shall be assumed as 50 feet wide); and

Land contained with the boundaries of easements previously granted to public utility corporations.

Open space. All areas of a multifamily development not conveyed to individual owners, and not occupied by buildings and required or proposed improvements, shall remain as permanent open space or be dedicated to recreation area to be used for the sole benefit and enjoyment of the residents of the particular units being proposed. Such open space shall be part of the same parcel, contiguous, and shall be subject to the following regulations:

Recreation areas shall be immediately adjacent to the proposed units and freely and safely accessible to all residents of the development and shall not be used to fulfill open space requirements or provide recreational areas for residents of other units, excepting those provided for in Subsection D(2) below. No less than 50% of the open space to be provided shall be dedicated to recreational area for the sole benefit and enjoyment of the residents of the particular units proposed.

Land designated simply as open space shall be maintained as open space and may not be separately sold, used to meet open space or recreation area requirements for other developments, subdivided or developed, excepting that a holding zone may be reserved for future development pursuant to density and other zoning requirements as they presently exist, provided such lands are specifically defined and indicated as "reserved for future development" on all plats. Such lands shall not be included in calculating permitted density for the proposed development. These provisions, however, shall not be construed as granting or reserving to the developer any rights or privileges to develop on the basis of a preapproved plan if density or other zoning requirements shall have been modified to preclude such development.

Mechanisms to preserve open space.

Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Such areas may be owned, preserved and maintained by either one or both of the following mechanisms:

Dedication to a property owners' association which assumes full responsibility for maintenance of the open space.

[2]

Deed-restricted private ownership which shall prevent development of the open space, provide for its maintenance and protect the rights of owners or occupants of dwelling units to use and enjoy, in perpetuity, such portion of the open space as shall have been dedicated to recreation area for the project. This is intended to allow the owner/developer to retain ownership and use of a portion of the property (for hunting, fishing, etc.), provided the permanence of the open space is guaranteed.

Whichever mechanism(s) may be used, the developer shall provide, to the satisfaction of the Borough and prior to the granting of any final plan approval, for the perpetual maintenance of the open space and also the use and enjoyment of the recreation area by residents of the units being approved. No lots shall be sold nor shall any building be occupied until and unless such arrangements or agreements have been finalized and recorded.

At least 50% of the designated recreation area shall be usable for active recreational activities and shall not include swamps, quarries, slopes over 24% in grade, or acreage used for improvements. Storm drainage facilities and sewage effluent disposal areas are considered improvements.

Developments of 50 units or more shall also provide one-half acre of parks and playgrounds per 50 units.

Design criteria. The following design criteria shall apply to multifamily developments:

There shall be no more than 10 dwellings in each multifamily building.

No structure shall be constructed within 50 feet of the edge of any access road to or through the development or within 10 feet of the edge of any parking area.

Access roads through the development shall comply with minor street requirements as specified in Chapter 183, Subdivision and Land Development, and no parking space shall be designed such that a vehicle would be backing or driving out onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.

No multifamily development shall be served by more than one access to any public highway, unless topography or other physical circumstances would preclude the use of a single entrance in a safe manner.

Parking shall comply with the parking provisions of this chapter excepting that, in addition to the 2.0 spaces per unit, there shall be specifically provided, for every two units intended for rental or other transient occupancy, one additional space to accommodate parking needs during sales and other peak visitation periods.

No more than 60 parking spaces shall be provided in one lot, nor more than 15 in a continuous row, without being interrupted by landscaping. All off-street parking shall be adequately lighted and so arranged as to direct light away from residences.

No structure shall be erected within a distance equal to its own height of any other structure.

All multifamily structures shall be a minimum of 100 feet from any of the exterior property or boundary lines of the particular project involved and 75 feet from any public right-of-way.

Where a property line is not wooded, a planting strip of 50 feet in width shall be required to buffer adjoining property owners and ensure privacy. A landscaping plan shall be prepared by the developer and approved by the Borough.

Multifamily developments shall be subject to the stormwater management requirements of Chapter 183, Subdivision and Land Development, and Chapter 177, Stormwater Management.

Nonresidential use. Nonresidential uses shall not be permitted in a multifamily development unless planned as part of a planned residential development. This, however, shall not preclude such ancillary facilities as laundry areas, service buildings, recreational facilities and the like. Where a developer proposes to construct multifamily units on property on which there are existing or proposed nonresidential uses (other than ancillary facilities and open space uses), there shall be a minimum setback of the multifamily structures from such uses of 200 feet, and the parcels shall be clearly segregated.

Conversions of existing structures. Conversions of motels, hotels or other existing structures to multifamily dwelling use, regardless of whether such conversions involve structural alterations, shall be considered land developments, and moreover, be subject to the provisions of this § 210-18 and subject to provision of Chapter 183, Subdivision and Land Development. If the proposed project involves structural alterations, the preliminary plan shall include a certification of a registered architect or engineer to the effect that the existing building is structurally sound and that the proposed conversion will not impair structural soundness.

§ 210-19 Off-street parking, loading and unloading requirements.

Off-street parking, loading and unloading facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.

Each parking space shall consist of not less than an average of 270 square feet of usable area for each motor vehicle, including interior driveways, driveways connecting the garage, or parking space, with a street or alley. Garages, carports, and driveways not in the public right-of-way may be considered parking spaces. The net parking space per vehicle shall be not less than nine feet wide and 20 feet long.

Parking spaces may be located on a lot other than that containing the principal use with the approval of the Borough Council, provided a written agreement, approved by Borough Council, shall be filed with the application for a zoning certificate. When proposed to be located on another lot to support a principal use, the parking spaces shall be considered an accessory use. Such parking spaces shall be located a maximum of 300 feet driving distance from any commercial properties and 200 feet from any residential properties they will serve, provided that Borough Council may modify this standard where there are no properties available for this purpose or the use is such that minimal such off-site parking is demanded or for other good cause.

[Amended 11-1-2021 by Ord. No. 709]

Any lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public rights-of-way.

Parking shall not be permitted on public rights-of-way.

Any structure or building hereafter erected, converted, or enlarged for any of the following uses, except uses in the C-1 District, or any open area hereafter used for commercial purposes or manufacturing purposes, shall be required to provide not less than the minimum number of parking spaces, as set forth below. Spaces required shall be readily accessible to the users served thereby. Fractional number of spaces shall be increased to the next whole number. The requirements of this section can be modified at the discretion of the Borough Planning Commission and Borough Council if ample evidence is provided that a lesser or greater amount of spaces would be required for a specific use. Evidence to the contrary shall be in the form of detailed professional studies which shall be subject to the review of the Honesdale Borough Engineer.

[Amended 11-1-2021 by Ord. No. 709]

	Required Off-Street Parking for Various Uses
	Use	Parking Space(s) Required
	Boardinghouses	1 per guest room unit
	Commercial outdoor recreation enterprises	1 per every 2 persons*
	Drive-in eating facilities	3 per employee
	Doctors	5 spaces for each doctor
	Food markets	1 per 100 square feet of floor area for public use
	Grocery stores	1 per 100 square feet of floor area for public use
	Funeral homes	1 per 100 square feet of public floor area
	Home occupations	1 per additional employee other than occupant
	Hospitals	1 per bed plus 1 per employee on largest shift
	Housing for the elderly	1 space for each housing unit
	Industrial establishments	1 per employee on largest shift
	Motels, hotels	1 per employee on largest shift
	Office building	1.5 per employee
	Places of assembly	1 per every 3 seats
	Professional services**	3 spaces for each professional
	Public and semipublic uses	1 per 200 square feet of floor area
	Residential	2 per dwelling unit
	Residential (upper story apartments)	1 per unit located within 200 feet of the building
	Restaurants and taverns	1 per 50 square feet of floor area for public use
	Retail business	1 per 200 square feet of floor area for public use
	Schools	1 per every 15 classroom seats
	Service stations and garages	1 per 100 square feet of floor area

	NOTES:
	* For whom playing area is provided.
	** Except doctors.

In addition to the off-street parking space required above, any building erected, converted or enlarged in any district for commercial, office building, manufacturing, wholesale, hospital or similar uses shall provide adequate off-street areas for loading and unloading of vehicles. The minimum size loading space shall be 60 feet in depth, 12 feet in width, with an overhead clearance of 14 feet. In no case where a building is erected, converted or enlarged for commercial, manufacturing, or business purposes shall the public rights-of-way or a travel lane within the lot be used for loading or unloading of materials.

Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way consists of well-defined separate or common entrances and exits and shall comply with the following provisions:

Access drives shall not open upon any public right-of-way within 80 feet of the nearest right-of-way line of any intersecting public street or highway or where the sight distance in either direction would be less than 300 feet.

There shall be no more than one entrance and one exit to any business or parking area on any one highway. Each entrance and exit shall be clearly defined with curbing, fencing or vegetative screening so as to prevent access to the area from other than the defined entrance and exits. In no case shall one entrance and exit be located within 80 feet of any other on the same property or adjoining property along the same public right-of-way. Nonconforming lots, however, shall be exempt from this requirement.

Any subdivision of property within an R-4, C-1, C-2 or ID District shall provide no more than one common entrance and one common exit on any public right-of-way. Interior access drives shall be provided for movement of traffic to the public right-of-way.

All nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the paving edge of a public thoroughfare or adjoining property lines by a planting strip at least 20 feet in depth.

Off-street parking spaces provided in all residential districts shall be for any permitted use upon said property.

§ 210-20 Sign regulations.

[Amended 10-8-2018 by Res. No. 2018-043; 1-14-2019 by Ord. No. 693; 12-9-2019 by Ord. No. 698]

Applicability. Signs shall only be constructed, placed or maintained in the Borough subject to the standards, procedures and other requirements of this section, which:

Establish a permit system allowing a variety of signs by zoning district;

Allow certain signs that are small, unobtrusive, and incidental to principal use of lots on which they are located, subject to the substantive requirements of this section, but without a requirement for permits; and

Provide for temporary signs.

Purpose of the regulations.

Assuring all signs are safely constructed and located.

Permitting businesses to inform, identify, and communicate effectively.

Directing the general public through the use of signs.

Encouraging aesthetically attractive design, scale, and placement of signs.

Encouraging orderly placement of signs without impairing property rights.

Assuring sign information is clearly visible, conspicuous, legible and readable.

Providing flexibility as to the number and placement of signs.

Avoiding damage and injury due to sign distractions.

Promoting tourism and the free flow of traffic.

DIRECTIONAL/INFORMATIONAL SIGN

Enabling fair and consistent enforcement of sign standards.

Definitions. The following special definitions shall apply to this section:

ADVERTISING SIGN

A sign of 40 or more square feet in surface area not otherwise defined or regulated herein that is intended to advertise products or services or deliver a message, regardless of connection to existing uses of the property. Double-faced such signs or two sign faces of the same size attached to form a single structure shall be considered a single sign, the sign area of which shall be determined by visibility from a single direction.

AWNING SIGN

A sign with its copy on a shelter made of any nonrigid material, such as fabric or flexible plastic, that is supported by or stretched over a frame and attached to an exterior wall of a building or other structure.

BALLOON SIGN

An inflated balloon, tethered in a fixed location, that has a sign with a message on its surface or attached in any manner to the balloon.

BANNER SIGN

A temporary sign with its copy on nonrigid material such as cloth, plastic, fabric or paper with no supporting framework for the sign itself. Permanent such signs shall be considered freestanding or wall signs and subject to the standards for the same.

BENCH SIGN

A sign applied or affixed to the seat or back of a bench.

BLADE SIGN

A blade sign is a type of projecting sign mounted on a building facade or storefront pole or attached to a surface perpendicular to the sign's surface and to the normal flow of traffic. See illustration.

Blade Sign

CANOPY SIGN

A sign affixed to the surface(s) of an attached or freestanding canopy.

CHANGEABLE SIGN

A sign that is designed so that its characters, letters, illustrations or other content can be changed, altered or rearranged without physically altering the permanent physical face or surface of the sign; not including electronic, other digital or illuminated signs.

CONTRACTOR SIGN

A nonpermanent sign identifying the persons, firms or businesses directly connected with a construction project.

An on-premises sign for the convenience of the public giving directions, instructions, facility information or other assistance around a site, such as location of exits, entrances, parking lots, and amenities, to encourage proper circulation. It may contain the logo of an enterprise but no other advertising copy.

DIRECTORY SIGN

A sign which displays the names and/or addresses of the businesses, tenants or uses of a building.

ELECTRONIC MESSAGE/ELECTRONIC/DIGITAL SIGN

A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, not including changeable or illuminated signs.

FEATHER SIGN

A temporary flexible sign with no stable supporting structure that is intended to attract attention through wind-caused fluttering or other movement, not including flags as defined above. Such signs are prohibited. See illustration.

Feather Sign

FLAG

A cloth or plastic sign attached to a pole in the ground or building that displays the insignia of a unit of government or an organization or a similar sign displayed solely for nonadvertising decorative purposes, not including feather signs as defined below.

FREESTANDING SIGN

A sign principally supported by one or more columns, poles, or braces placed in or upon the ground and is not attached to a building or any other structure.

GROUND SIGN

A freestanding sign, rising from a ground foundation and not over eight feet in height from average ground level to the top of the sign. The entire bottom of a ground sign is generally in contact with or close to the ground.

IDENTIFICATION SIGN

A sign within a community identifying individual or groups of units.

ILLUMINATED SIGN

A sign illuminated in any manner by an artificial light source, whether internally or externally lit, including but not limited to neon signs and any sign which has characters, letters, figures, designs or outlines illuminated by artificial lighting, not including electronic signs.

MARQUEE SIGN

Any sign painted on or attached to or supported by a marquee.

MURAL

A picture or painting on an exterior surface of a structure that is not predominantly related by language, logo, or pictorial depiction to the advertisement of any product, service or business.

NONCONFORMING SIGN

A sign that met all legal requirements when constructed but is not in compliance with current sign regulations.

POLE SIGN

A freestanding sign supported by a pole, pylon or a similar support structure.

PORTABLE SIGN

A sign, graphic or display which can be readily moved from place to place and which is not affixed to a building, to another permanent structure or to the ground.

PROJECTING SIGN

A sign affixed to any part of a building or structure which extends beyond the building face.

REAL ESTATE SIGN

A temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located.

REVOLVING SIGN

A sign that is mechanically moved 360° about an axis.

ROOF SIGN

A sign erected, constructed, and maintained on or above the roof of a building.

SANDWICH BOARD

Any temporary or movable sign placed in the pedestrian right-of-way for purposes of identifying special meals or services that are changed on a regular basis.

SIGN

An emblem, display or device affixed to, printed on, or represented directly or indirectly upon a building, structure, continuously placed vehicle or parcel of land; visible or specifically intended to be visible from a public place for purposes of messaging; and which directs or calls attention to an activity, person, place, product, business, organization, message or service.

SIGN AREA

The area of sign face, computed by means of the area that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display, not including any supporting framework. Double-faced signs or multiple sign faces of the same size attached to form a single structure with faces focused in different directions shall be considered a single sign, the sign area of which shall be determined by visibility from a single direction.

SIGN HEIGHT

The distance from the base of the sign at normal grade, or the crown of an adjoining street if the edge of right-of-way is within 30 feet, whichever is higher, to the top of the highest attached component of the sign.

TEMPORARY SIGN

A sign displayed for a fixed, terminable length of time. Temporary signs are intended to be removed after the temporary purpose has been served. Included are for-sale, for-lease or for-rent signs, political signs, service signs, special-event signs, construction signs, directional signs to special or temporary events and signs of a similar nature.

VEHICLE SIGN

Any sign permanently or temporarily attached to or placed on a vehicle or trailer or wheels.

WALL SIGN

A sign attached to, painted upon, placed against, or supported by the exterior surface of any building by any means, including but not limited to painting, cladding or raised images of any kind.

WARNING SIGN

A sign containing no advertising material but which warns the public of the existence of danger.

WAYFINDING SIGN

A sign, frequently off-premises, specifically designed to provide directional or destination information.

WINDOW SIGN

A sign on the inside of a window with its message intended to be visible to the exterior environment.

YARD SALE SIGN

A temporary sign for a short-term sale usually in a nonretail setting.

Procedures.

Requirement of permit. A sign permit shall be required before the erection, re-erection, construction, alteration, placing, or installation of all signs identified on the Schedule of Sign Regulations as "Allowed with Permits from Zoning Officer." Permits shall not be required for routine maintenance or changing of the parts or copy of a sign, provided the maintenance or change of parts or copy does not alter the sign surface area or height, or otherwise render the sign nonconforming.

Permit application. Applications for sign permits shall be submitted to the Zoning Officer. The applicant shall pay the required application fee with the application. Two copies of plans and specifications shall be submitted with each application. One copy shall be returned to the applicant at the time the permit is granted. The application and plans shall, at a minimum, include:

The names, addresses, and telephone numbers of the applicant, the owner of the property on which the sign is to be erected or affixed, the owner of the sign, the person preparing the plans and specifications, and the person to be erecting or affixing the sign.

The location of the building, structure, or zoning lot on which the sign is to be erected or affixed.

A sketch plan of the property involved, showing accurate placement thereon of the proposed sign.

Two sets of plans for the sign to be erected or affixed, along with specifications for the method of construction or attachment to the building and sign dimensions, color, lighting type and location (if any), materials and weight.

In the case of advertising and electronic signs, such engineering data as required to ascertain compliance with the standards herein for such signs.

The written consent of the owner of the structure or property on which the sign is to be erected or affixed.

(g)

Such other information as the Zoning Officer may require to determine compliance with this section.

Issuance of permits. Upon the filing of an application for a sign permit, the Zoning Officer shall examine the plans, specifications, and other application data and the premises upon which the sign is proposed to be erected or affixed. If the proposed sign will comply with all the requirements of this section and other applicable Borough regulations and the appropriate permit fee has been paid, the Zoning Officer shall issue a permit for the proposed sign.

Expiration. If the work authorized under a sign permit has not been completed within 90 days after the date of issuance, the permit shall become null and void, unless otherwise extended by the Zoning Officer for a single additional ninety-day period.

Permit fees. Each sign requiring a sign permit shall pay a fee as established from a schedule adopted by resolution of the Borough Council.

Inspections. All signs for which a permit is required shall be subject to the following inspections:

Footer inspection on all freestanding signs; however, the Zoning Officer may waive the required inspection for signs of 12 feet or less in height or 32 square feet or less in area.

A final site inspection to ensure the sign has been constructed according to the approved application.

General requirements.

Prohibited signs. All signs not expressly permitted or exempted under this section from regulation are prohibited in the Borough. This includes roof signs and commercial signs intended to resemble official highway signs or uniform traffic control devices. Feather signs are specifically prohibited due to pedestrian and other hazards.

Signs allowed without permits. Certain signs, although subject to the standards of this section, shall be exempt from its permit requirements. A listing of such signs by zoning district may be found on the attached Schedule of Sign Regulations.

Construction requirements. All signs permitted by this section shall be constructed in accord with the Pennsylvania Building Code, if regulated by the Code, and the following standards.

No sign shall be erected, constructed, or maintained so as to obstruct any fire escapes, required exit, window, door opening, or wall opening intended as a means of ingress or egress.

No sign shall be erected, constructed, or maintained so as to interfere with any opening required for ventilation.

All signs shall be located in such a way that they maintain horizontal and vertical clearance of all electrical power lines and communication lines in accordance with the applicable provisions of the National Electrical Code.

All signs and supporting structures shall maintain clearance and avoid interference with all surface and underground facilities and conduits for storm drainage, water, sewage, gas, electricity, or communications.

No obstruction to any existing warning or instructional sign. No sign shall be erected, constructed, or maintained so as to interfere with any existing warning or instructional sign.

No sign shall be erected so as to interfere with or to confuse traffic, to present any traffic hazard, or to obstruct the vision of motorists, and all signs shall comply with the clear sight triangle requirements of this section.

Maintenance. Each sign shall be maintained in good order and repair at all times so that it does not constitute any danger or hazard to public safety, and is free of peeling paint, major cracks, or loose and dangling materials.

Illumination. Where permitted, signs shall be illuminated only by a steady, stationary (excepting for indicators of time and temperature), shielded light source directed solely at the sign, or internally lighted, without causing glare for motorists, pedestrians or neighboring premises. The illumination, if produced in such place or manner as may tend to make it resemble traffic signals, shall not be green, red or orange-yellow.

Awning, canopy, and marquee signs. Any awning, canopy, or marquee sign shall not project higher than the top of the awning, canopy, or marquee to which such sign is to be affixed. The sign shall be limited to the name of the establishment. If sign letters or logos are placed on the awning valance, no letters or logos may be placed elsewhere on the awning.

Changeable panel signs. Nothing herein shall prevent the inclusion of a changeable letter sign, identifying special, unique, limited activities, services, products, or sale of limited duration occurring on the premises on which the changeable panel sign is located, as part of an otherwise permitted nonresidential use identification or wall sign meeting side and rear yard setbacks.

Window wall signs. Window wall signs for nonresidential uses may be internally illuminated. Sign copy shall be limited to nonresidential use identification purposes, or signs advertising products or services available on the premises. No signs are permitted in unglazed openings.

Flags. Flags shall be permitted for commercial, manufacturing, industrial, public and semi-public uses. Such flags shall be strictly limited to nonresidential use identification purposes. Pennsylvania and U.S. flags shall be exempt. Garden and house flags used for decorative purposes in conjunction with residential uses shall also be exempt.

Wall signs. Wall signs shall be securely attached to the wall and not extend above or beyond the top and ends of the wall. Projecting signs and window signs shall also be considered wall signs for purposes of maximum sign area limitations.

(11)

Signs attached to any public infrastructure or utility poles, including, but not limited to, light poles, electric poles, fences, street signs, stop signs or parking meters or signs placed in the public right-of-way except as may be permitted herein in the way of banners approved by the Borough shall be strictly prohibited and shall be immediately removable by the owner of the affected public or utility property.

Temporary signs.

General requirements.

Temporary signs in association with an approved use and identifying a special, unique, or limited activity, service, product or sale of limited duration shall be located only upon the premises where the special, unique, or limited activity, service, product or sale is to occur. Nonetheless, temporary event signs announcing a campaign, drive, activity, or event of a civic, philanthropic, educational, or religious organization that otherwise comply with the requirements of this section may be placed anywhere throughout the affected area of the community. These signs shall not be subject to the strict sign area or time limitations applicable to other temporary signs, provided no more than six such signs shall be erected at any one time for any campaign, drive, activity, or event.

No such sign shall be placed for more than 60 days. Temporary signs placed within a property so as to be primarily directed to the attention of on-site customers or visitors, as opposed to motorists, pedestrians passing by or adjoining properties, shall not be restricted by these regulations.

Real estate, temporary construction and contractor signs. Temporary construction signs shall be allowed only as accessory to an approved building permit for a project or development and must be removed prior to an occupancy permit being issued, or if no occupancy permit is required, the sign shall be removed upon project completion. Contractor signs shall be similarly limited. All such signs shall be removed within 30 days after the property is sold or the construction is completed.

Temporary political signs. Temporary political signs announcing political candidates seeking office, political parties, and/or political and public issues contained on a ballot shall be erected or maintained for a period not to exceed 60 days prior to the date of the election to which such signs are applicable and shall be removed within seven days following such election. The candidate shall be responsible for all political signs placed on the candidate's behalf if located in the public right-of-way.

Temporary yard or garage sale, open house, or auction signs. Temporary yard sale or garage sale, open house, or auction signs advertising the sale of items and the sales location shall be erected no earlier than five days before the event and must be removed no later then three days after the event, which event shall be limited to four days in length. No such sign shall remain erected for a period longer than 12 days altogether. No more than three such events shall take place in a calendar year.

Sandwich board signs. Sandwich board signs shall be weighted to withstand wind conditions and avoid collapsing. Such signs shall be removed after business hours.

Temporary sign quality. All temporary signs shall be printed on stock capable of surviving intact for the period of the activity being advertised and may be rejected by the Zoning Officer if they do not meet this standard in his or her discretionary judgment.

Residential uses. Name and address signs of residential buildings and developments shall indicate only the name of the building, the name of the development in which it is located, the management thereof, and the address of the premises. The location and arrangement of all building name and address signs shall be subject to the review and approval of the Zoning Officer.

Commercial, manufacturing, public use and semipublic uses.

The following standards shall apply to developments in which two or more nonresidential uses are housed in one or more principal structures on a lot.

There shall be not more than one wall sign for each principal nonresidential use occupant except that where a principal occupant abuts two or more streets, one additional such sign oriented to each abutting street shall be permitted.

There shall not be more than one freestanding nonresidential use identification sign for each principal development entrance. The freestanding nonresidential use identification sign shall not contain the name of any individual nonresidential use occupant of the premises unless such tenant or occupant occupies 30% or more of the total development. Each freestanding nonresidential use identification sign may, however, include a directly affixed directory listing only the names of the nonresidential use occupants of the development. The area of a directory sign shall not exceed 10 square feet for each exposed face for each occupant in the development. The maximum sign surface area for freestanding signs shall be increased as may be necessary to accommodate the directory.

Not more than two nonresidential use subdivision road entrance signs of 24 square feet each, indicating only the name of the project, shall be permitted at each entrance to a shopping center or multiple occupant nonresidential use.

Common directory signs. The intent of this section is to allow commercial, manufacturing, industrial, public and semipublic uses, referred to as "nonresidential uses" in this section, to jointly erect and maintain a common directory sign to guide the public to the various uses.

There shall not be more than two common directory signs at any public road intersection.

The surface area of each sign shall not exceed 150 square feet for each exposed face.

The information on the sign shall be limited to individual signs not exceeding 10 square feet with the nonresidential use name, logo, type, telephone number, addresses and directional information of each participating nonresidential use.

Any nonresidential use with an individual sign on a common directory sign shall be limited to one nonresidential use directional sign, and any nonresidential use with an individual sign on a common directory sign shall be precluded from erecting any nonresidential use directional sign.

The application shall include documentation of the existence of an organization which will be responsible for the maintenance of the sign.

The person making application for the erection of a the sign shall provide a written statement of permission signed by the owner of the property upon which the sign is proposed.

Historical signage. Nothing herein shall prevent or consider as signage the placement of the year of construction or name of a builder or other historical marker data on a structure for nonadvertising purposes. Likewise, nothing herein shall prevent the retention of historical signage relating to a building's previous use (e.g., the "Murrays" building) or the repurposing of existing signs, nor shall the former count against maximum signage otherwise permitted.

Murals. Murals placed on any building, as provided on the Schedule of Sign Regulations, shall not require permits hereunder but shall comply with illumination standards. Any advertising within the mural shall be subject to otherwise applicable sign standards herein.

Advertising signs.

Advertising signs of 300 square feet or less in surface area shall be permitted in the C-2 Highway Commercial District as special exception uses, provided that any such sign within 100 feet of an R-1, R-2, R-3, R-4, R-5 or R-6 residential district shall be limited to 100 square feet in surface area.

Any advertising sign located along a federal primary highway (e.g., Route 6) shall also be located no closer than 100 linear feet to another such sign along either side of such highway and otherwise comply with Pennsylvania Department of Transportation Chapter 445 regulations for outdoor advertising devices.[1]

Editor's Note: See 67 Pa. Code Ch. 445.

The following additional special exception review criteria shall apply to advertising signs:

The size and scale of the proposed sign shall not be disproportionate to the buildings and streetscape that exist.

The sign shall not be so close in proximity to either residential neighborhoods or any neighborhood commercial environment as to be readily visible from the same.

The proposed sign shall be consistent with the principles of the Borough Comprehensive Plan and the character of the streetscape environment.

The proposed sign shall be capable of being buffered and properly separated from any other similar advertising sign.

The sign shall otherwise comply with the provisions of the Zoning Ordinance.

The sign shall, to the maximum extent practicable, blend with both the streetscape and the viewshed.

Electronic messaging. Business, advertising and other signs may include electronic messaging subject to the following:

Electronic message signs shall not display animation, flash or blink, scroll or have intermittent or full-motion video. Motion shall be limited to the transition from one message to another.

Electronic message signs shall be equipped with light sensors capable of measuring ambient light levels and dimming devices that shall lower the brightness of the sign based on the measured ambient light to minimize the brightness level required to make the sign visible. The dimming device shall minimize the illumination used to the lowest level necessary to make the sign conspicuous and visible during both daytime and nighttime hours. At no time shall the brightness level of any electronic message sign constitute glare.

No electronic message sign shall be located within 500 linear feet of any other electronic message sign on either side of a street.

Electronic message signs shall be located at least 150 feet from any existing dwelling located in the direct line of sight of the advertising on either side of a street.

Transitions for electronic message signs shall fade and content shall not change more than once every 10 seconds with a transition time of not more than two seconds.

All electronic message signs shall include landscaping of a ground surface area equal to not less than 50% of the sign area with a mixture of annuals, perennials, shrubs, evergreen and/or shade trees, subject to review the Borough Planning Commission and approval by the Zoning Hearing Board.

No electronic message signs shall display any interactive message such as a message requesting that the viewer call a number for a chance to win a prize or claim a reward. Notwithstanding the foregoing, an AMBER Alert^™ message or similar message provided by a governmental entity on an electronic message sign shall not be considered an interactive message.

Electronic message signs shall be permitted only in the C-2 Highway Commercial District and only as special exception uses.

Nonconforming signs. Any sign lawfully existing or under construction on the effective date of this section that does not conform to one or more of the provisions of this section may be continued in operation and maintained as a legal nonconforming sign. Normal maintenance of such signs, including changing of copy, necessary repairs, and incidental alterations that do not extend or intensify the nonconforming features of the sign, shall be permitted. Notwithstanding this, no enlargement or extension shall be made to a legal nonconforming sign unless it will result in the elimination of the nonconforming features of the sign. If a legal nonconforming sign is damaged or destroyed by any means to the extent of 50% or more of its replacement value at the time, the sign may not be rebuilt to its original condition.

Removal of certain signs.

Illegal and obsolete signs. Any sign, whether existing on or erected after the effective date of this section, that advertises a nonresidential use no longer being conducted or a product no longer being offered for sale shall be removed within 90 days upon the cessation of such nonresidential use or sale of such product by the owner, agent, or person having the beneficial interest in the premises on which such sign is located. If the Zoning Officer shall find any such sign advertising a nonresidential use no longer being conducted or a product no longer being offered for sale has not been removed within 90 days upon the cessation of such nonresidential use or sale of such product, he or she shall give written notices to the owner, agent, or person having the beneficial interest in the premises on which such sign is located. Removal of the sign shall be affected within 10 days after receipt of the notice from the Zoning Officer. Illegal signs shall be processed in the same manner.

Damaged or unsafe signs. If the Zoning Officer shall find that any sign is damaged, in disrepair, vandalized, unsafe or insecure, he or she shall give written notice to the owner, agent, or person having the beneficial interest in the building or the premises on which such sign is located. Correction to the condition that caused the Zoning Officer to give such notice shall be effected within 10 days after receipt of the notice. Where a sign is illegally placed on Borough property, the Zoning Officer may immediately remove of the same. Where a sign appears to be illegally placed on other public or utility property, the Zoning Officer shall immediately notify the owner of such public or utility property and request the removal of the same.

Sign schedule.

Honesdale Borough Sign Schedule
R-1, R-2, R-3, R-4, R-5 and R-6 Districts
		Maximum Sign Surface Area for All Signs Permitted
Signs Allowed Without Permits	Signs Allowed with Permits from Zoning Officer	Freestanding	Wall Signs
Building number signs of 1 square foot Incidental commercial signs of 1 square foot (8 square feet combined)* Traffic directional signs of 2 square feet Trespassing signs of 2 square feet 2 contractors' signs of 12 square feet (maximum of 1 year) 2 nonilluminated real estate signs of 12 square feet (maximum of 2 years) 2 yard sale signs of 12 square feet (limited to 3 sales/year and 5 days for each) Hazard warning signs Noncommercial flags	1 home occupation sign of 4 square feet 1 residential development of 20 square feet 1 freestanding sign of 20 square feet for permitted or existing nonresidential uses 1 wall sign of 20 square feet for permitted or existing nonresidential uses 2 temporary or event advertising signs of 24 square feet (limited to 4 activities/year and 30 days for each)*	1 square foot per 5 total feet of lot frontage or 50 square feet altogether, whichever is less. Corner lots shall only use the longest border to determine signage allowed.	10% of the building facade or 50 square feet, whichever is less (including signs painted on any permanently placed equipment and unlicensed vehicles)








A-1 and A-2 Districts
Building number signs of 1 square foot Incidental commercial signs of 1 square foot (8 square feet combined)* Traffic directional signs of 2 square feet Trespassing signs of 2 square feet 2 contractors' signs of 12 square feet (maximum of 1 year) 2 farm products signs of 12 square feet 2 nonilluminated real estate signs of 12 square feet (maximum of 2 years) 2 yard sale signs of 12 square feet (limited to 3 sales/year and 5 days for each) Hazard warning signs Noncommercial flags Murals	1 home occupation sign of 4 square feet 1 residential development of 40 square feet 2 freestanding sign of 40 square feet for permitted or existing nonresidential uses 2 wall signs of 40 square feet for permitted or existing nonresidential uses 2 temporary or event advertising signs of 40 square feet (limited to 4 activities/year and 30 days for each)* 1 changeable letter sign of 24 square feet Window signs limited to 50% of glass area	1 square foot per 5 total feet of lot frontage or 200 square feet altogether, whichever is less. Corner lots shall only use the longest border to determine signage allowed.	10% of the building facade or 100 square feet, whichever is less (including signs painted on any permanently placed equipment and unlicensed vehicles)










C-1 District
Building number signs of 1 square foot Incidental commercial signs of 1 square foot (20 square feet combined) Traffic directional signs of 2 square feet Trespassing signs of 2 square feet 2 contractors' signs of 32 square feet (maximum of 1 year) 2 nonilluminated real estate signs of 24 square feet (maximum of 2 years) 2 yard sale signs of 24 square feet (limited to 3 sales/year and 5 days for each) 1 blade sign of 3 square feet on each streetfront 2 wayfinding signs of 3 square feet Hazard warning signs Noncommercial flags Murals	2 bench signs of 6 square feet 1 home occupation sign of 4 square feet 1 residential development of 40 square feet 2 freestanding signs of 40 square feet for permitted or existing nonresidential uses 2 wall signs of 40 square feet for permitted or existing nonresidential uses 2 temporary or event advertising signs of 40 square feet (limited to 4 activities/year and 30 days for each)* Awning, canopy and marquee signs per § 210-20E(5) 2 balloon, revolving, sandwich board and other portable signs of 10 square feet, removed when business closed 1 changeable letter sign of 24 square feet Window signs limited to 50% of glass area Common directory signs per § 210-20H(2)	1 square foot per 1 total foot of lot frontage or 60 square feet altogether, whichever is less. Corner lots shall only use the longest border to determine signage allowed.	10% of the building facade or 60 square feet, whichever is less (including signs painted on any permanently placed equipment and unlicensed vehicles)











C-2 and ID Districts
Building number signs of 1 square foot Incidental commercial signs of 1 square foot (8 square feet combined) Traffic directional signs of 2 square feet Trespassing signs of 2 square feet 2 contractors' signs of 40 square feet (maximum of 1 year) 2 nonilluminated real estate signs of 32 square feet (maximum of 2 years) 2 yard sale signs of 24 square feet (limited to 3 sales/year and 5 days for each) 1 blade sign of 4 square feet on each streetfront 2 wayfinding signs of 6 square feet Hazard warning signs Noncommercial flags Murals	2 bench signs of 6 square feet 1 home occupation sign of 4 square feet 1 residential development of 40 square feet 2 freestanding signs of 60 square feet for permitted or existing nonresidential uses 2 wall signs of 100 square feet for permitted or existing nonresidential uses 2 temporary or event advertising signs of 60 square feet (limited to 4 activities/year and 30 days for each) Advertising signs (C-2 only) per § 210-20I Awning, canopy and marquee signs per § 210-20E(5) 2 balloon, revolving, sandwich board and other portable signs of 10 square feet, removed when business closed 1 changeable letter sign of 24 square feet Window signs limited to 50% of glass area Common directory signs per § 210-20H(2)	2 square feet per 1 total foot of lot frontage or 500 square feet altogether, whichever is less. Corner lots shall only use the longest border to determine signage allowed.	10% of the building facade or 200 square feet, whichever is less (including signs painted on any permanently placed equipment and unlicensed vehicles)

*	Permitted only in connection with permitted and existing legal nonconforming commercial uses

§ 210-21 Floodplain development standards.

There is hereby created a special zoning district, the boundaries of which shall be congruent with those areas identified as special flood hazard areas (Zone A, AE, and X) on the Flood Hazard Boundary Maps as issued and/or amended by the Federal Insurance Administration, or its successor agencies, for Honesdale Borough. This district shall be an overlay zone in which the normal provisions of the district indicated on the Official Zoning Map shall apply except that no development shall be permitted which is not completely in accord with the provisions of Chapter 112, Floodplain Management.

§ 210-22 Stables and kennels.

Stables, private. Private stables are permitted as an accessory use to a single-family residence in the AG, R-1, and R-2 Districts subject to the following conditions:

A minimum parcel of two acres shall be required for the residence and stable.

No more than two equines shall be kept except that one additional equine may be kept for each additional acre of land.

Two hundred square feet of stable building area shall be provided for each equine kept on the property.

No stable building or corral shall be located within 50 feet of an adjoining property line and 50 feet from any public or private road.

All equines shall be restricted from grazing or intruding on an adjoining property, and any fences erected for the same shall be at least five feet from the property line or public or private road right-of-way line.

Stables, commercial. Commercial stables are permitted as a special exception in the AG District subject to § 210-38 of this chapter and the following conditions:

A minimum parcel of five acres shall be required and a single-family residence for the owner or manager shall be permitted on the premises, provided all other sections of this chapter and other applicable standards are met.

No more than three equines are kept with the exception that one additional equine may be kept for each additional acre of land.

The stable building shall not be less than 200 square feet in size for one equine, with an additional 200 square feet for each additional equine.

All equine shall be restricted from grazing or intruding on an adjoining property, and any fences erected for the same shall be at least five feet away from the property line or public or private road or right-of-way.

Adequate off-street parking shall be provided pursuant to § 210-19 of this chapter with one space provided for each nonresident employee and one space per two equines kept on the premises.

No stable building or corral shall be located within 100 feet of an adjoining property line and 75 feet from any public or private road or right-of-way.

Kennels. Kennels are permitted as a special exception in the AG District subject to § 210-38 of this chapter and the following conditions:

[Amended 11-1-2021 by Ord. No. 709]

A minimum parcel of three acres shall be required.

No structure used for the keeping of dogs shall be located closer than 125 feet to any property line or 100 feet to any public or private road.

Adequate off-street parking shall be provided pursuant to this chapter with one space for each nonresident employee and one space per four dogs kept on the premises.

A noise barrier consisting of a solid fence not less than six feet in height or a dense vegetative planting of not less than six feet in height shall be provided at a distance not to exceed 15 feet and fully encircling all kennel areas not enclosed in a building.

Dogs shall be restricted from using kennel areas not fully enclosed in a building from 8:00 p.m. to 8:00 a.m.

Keeping of other animals. The keeping of animals other than those listed above and other than those used in conjunction with commercial agriculture as permitted herein within agricultural districts shall be limited to those that are ordinarily kept inside the home, including house cats, other house pets confined to inside cages, aquariums and the like, but not including animals such as chickens, goats, pigs, sheep or exotic animals kept outside or in separate structures.

[Added 11-1-2021 by Ord. No. 709]

§ 210-23 Adult stores. [1]

Adult stores shall not be located within 1,000 feet of any residence, church, synagogue, public or semipublic use of health facility.

Editor's Note: See also Ch. 53, Adult Entertainment.

§ 210-24 Junkyards.

Junkyards shall be allowed as a conditional use in the A1 District only and shall be subject to the following restrictions, which shall apply to both proposed new junkyards, existing junkyards and any expansions of existing junkyards:

Any junkyard located adjacent to a federal aid highway shall comply with all regulations of the Federal Highway Administration.

No new junkyards created after the effective date of this chapter shall be located closer than 1,000 feet to an existing public right-of way.

All junkyards must erect and maintain a six-foot-high fence adequate to prohibit the entrance of children or others into the area and to contain within such fence the materials dealt in by the owner or operator. If such area is located adjacent to a public road or residential area, the fence shall be 25 feet from the boundary line or right-of-way line thereof and be adequate to screen all portions of the junkyard from view from the public road or from residential areas.

The area used for a junkyard shall not be used as a dump area nor as a place for the burning and disposal of trash.

Performance guaranty.

All junkyards shall post, with the Borough, a performance guaranty. The performance guaranty must be approved by the Council, with advice from the Borough Solicitor and Engineer, and must:

Be a corporate surety bond, certified check, or other security, provided the same is satisfactory to the Borough Council.

[2]

Be payable to the Borough in which the junkyard is located.

[3]

Be in an amount sufficient to bring the said junkyard into compliance with these regulations plus expected cost increases.

[4]

In the case of cash or its equivalent, be held in an escrow fund in the name of the Borough.

When the junkyard is discontinued as a use and no longer meets the definition of a junkyard as defined herein, the guaranty must be released.

In the event of default, the obligor and surety shall be liable thereon to the Borough for the cost of the improvement necessary to discontinue the junkyard use or the improvements necessary to bring the junkyard into compliance. If proceeds of such bond or other security are insufficient to pay the cost of making such corrections to all the improvements covered by said security, the Borough Council may, at its option, install part of such improvements in all or part of the junkyard and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the obligor and surety, shall be used solely for the installation of the improvements covered by such security and not for any other municipal purpose.

Existing junkyards outside of the A1 District shall be removed within six months of the enactment of this chapter unless previously issued a permit for such purpose by the Borough or having existed as a nonconforming use prior to the adoption of the original Borough Zoning Ordinance.

TELECOMMUNICATIONS FACILITY

All junkyards shall be required to obtain an annual certificate of use permit from the Borough for the operation of the said junkyard.

The Zoning Officer shall ensure these standards are met prior to issuing a certificate of use and may require the applicant(s) to provide documentation from a professional engineer (PE) as to the same.

§ 210-24.1 Communication structures.

[Added 11-1-2021 by Ord. No. 709]

Special definitions. As used in this section, the following terms shall have the meanings indicated:

ANTENNA

A device used to collect or transmit telecommunications or radio signals. This definition is not meant to include home television or amateur radio apparatus.

Consists of the equipment and structures involved in receiving or transmitting telecommunication or radio signals but limited to those facilities with respect to which the state and federal governments have not, under public utility laws, strictly preempted the Borough from regulating.

TOWER

A structure that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such structures include monopoles and lattice construction steel structures.

Design and location standards. The following design and location standards shall apply to all telecommunications facilities:

The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.

An evergreen screen consisting of a row of evergreen trees planted 10 feet on center, maximum, shall be located around the perimeter of the security fence. The Borough may, however, modify or waive screening requirements if the site is entirely or partially wooded so as to provide existing screening.

An eight-foot-high security fence shall completely surround the tower (and guy wires, if used) and equipment building.

The tower and antenna shall be designed and constructed to all applicable standards of the American National Standards Institute.

A soil report prepared by a professional engineer shall be submitted to the Borough to support the design specifications of the foundation for the tower, and anchors for the guy wires, if used.

Telecommunications facilities shall be subject to the following subdivision and land development standards:

Minimum lot size: five acres.

Minimum setback: tower height plus 25 feet.

A telecommunications facility shall be permitted on a property with an existing use, subject to the following conditions:

The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

Minimum lot area. The five-acre minimum lot area shall apply to the area designated for tower use. Land remaining shall comply with the minimum lot size otherwise applicable.

Minimum setbacks. The minimum setback required above shall apply to the area designated for tower use.

Access roads. The vehicular access to the facility shall, whenever feasible, be provided along the circulation driveways of the existing use and incorporate stormwater management measures. All such roads shall be constructed to Borough specifications for new roads.

The applicant shall demonstrate the tower for the communications facility is the minimum height necessary for the service area and the site chosen is the one affording the opportunity to construct the lowest height tower possible, taking into consideration all lands available within a reasonable distance.

The applicant shall demonstrate that the proposed tower adequately addresses all aspects of aviation safety in view of known local aviation traffic as well as FAA requirements.

Proximity of the communications structure to existing or platted residential properties shall be considered in applying such requirements. Existing trees providing a natural buffer shall be preserved unless required to be removed for purposes of access or safety.

(11)

The applicant shall provide visual depictions or studies to indicate how the facility will appear once constructed in relation to the surrounding natural environment and from the perspective of adjacent or nearby residents.

(12)

Freestanding pole-type communications structures shall be given preference over towers supported by guy wires.

(13)

All communications structures shall be lighted for safety, if required, in a manner consistent with industry best practices, and additional setbacks may be imposed to shield adjacent properties from the effects of such lighting.

(14)

Should any tower cease to be used as a communications facility, the owner or operator or then-owner of the land on which the tower is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Borough to remove the facility and charge back the cost of removal to the foregoing parties. The Borough may also file a municipal lien against the land to recover the costs of removal and fees. A financial guarantee for the same shall be required to cover 115% the cost and shall be updated every three years with costs subject to review by the Borough Engineer and the form of the agreement subject to review of the Borough Solicitor, the agreement to be approved by the Borough Council.

(15)

An applicant for approval of a communications structure shall include with the application evidence of written contact with all wireless service providers who supply service within the Borough for the purpose of assessing the feasibility of co-located facilities, and co-location shall be mandatory wherever physically feasible.

(16)

The Borough may require an applicant to provide accessibility to its facilities for emergency purposes by community organizations responsible for emergency communications.

(17)

The Borough may consider any other factor relative to public health, safety and welfare in reviewing an application and may impose conditions with respect to screening, noise generation, traffic, lighting or any other criteria contained herein, and the Borough may, for these purposes, require full disclosure of the uses of the facilities and the specifications with regard to all apparatus and require updates as may be appropriate when equipment is added or modified.

(18)

A 9-1-1 address verification letter provided by the Wayne County Department of Planning/GIS shall be provided for locational documentation. The posting of that verified address at the tower site shall also be required.

§ 210-25 Health facilities and public schools.

Development standards.

Where health facilities, public schools, and parking lots or parking structures accessory to health facilities or public schools are located in an R-6 Zoning District, the following development standards shall apply:

	Minimum lot size	10,000 square feet
	Minimum average width	75 feet
	Minimum front yard	20 feet
	Minimum side/rear yard	15 feet
	Maximum lot coverage	75%

A waiver of the 75% maximum lot coverage may be granted to health facilities, schools, and parking lots or parking structures accessory to these uses by Borough Council if all the following conditions are met:

Stormwater from the site after development can be controlled to levels required by federal, state or local regulations, or as determined by the Borough Engineer to be adequate on a site-by-site basis. A stormwater management plan and an erosion and sedimentation control plan shall be submitted by the applicant for the purpose of review and approval.

At the discretion of the Borough Planning Commission and Borough Council, no adverse affects on the community will result from the granting of the waiver.

Accessory uses.

Within a building devoted to the use as a health facility or public school, the following accessory uses may be conducted for the convenience of the occupants and their clientele, provided there are no window displays, advertisements, or signs advertising such business that shall be visible from the outside of the building. Such uses shall include:

Cafeteria.

Coffee shop.

Gift shop.

Newsstands.

Recreational facilities.

Flower shops.

Book stores.

Libraries.

Professional and administrative offices which directly support the operation of the public school or health care facilities.

(j)

Parking lots of less than five spaces or additions to existing parking lots of less than five spaces.

The above listed uses shall be considered as principal accessory uses when the use is contained totally within an existing structure which is currently used for or has been approved under conditional use as a health facility or public school, provided that no exterior alterations or construction is required to accommodate the use.

Off-street parking, loading and unloading requirements.

Where parking lots or parking structures are accessory to health facilities or public schools in an R-6 Zoning District, the requirements of Article IV, § 210-18, shall apply except as modified herein. All parking, loading and unloading areas, circulation, and service lanes shall be located outside of any right-of-way but may occupy required yard areas of any parcel, provided that a buffer area no less than five feet wide is maintained along any property border which is not contiguous with another parcel in the same ownership and use.