A.
Frontage required onto improved street.
(1)
Each proposed new lot, principal nonresidential building
and apartment building shall directly abuts one of the following:
(2)
In the case of townhouses, or apartments, each dwelling
unit may be served with vehicle access onto a private parking court
which then has access onto a street meeting Borough standards, provided
there is an acceptable system to ensure that the parking court will
be properly maintained.
B.
Number of principal uses and principal buildings per
lot.
(1)
A lot in a commercial or industrial district may include
more than one permitted principal use per lot and/or more than one
permitted principal building per lot, provided that every requirement
is met for each use and each building. If differing dimensional requirements
apply for different uses on the lot, then the most restrictive requirement
shall apply.
(a)
For example, if Use 1 requires a one-acre lot
area and Use 2 on the same lot requires a two-acre lot area, then
the lot shall have a minimum lot area of two acres.
(b)
The applicant shall submit a site plan that
demonstrates that each structure would meet the requirements of this
article.
(c)
The lot may include a condominium form of ownership
of individual buildings, with a legally binding property owners association,
if the applicant proves to the satisfaction of the Zoning Officer,
based upon review by the Borough Solicitor, that there will be appropriate
legal mechanisms in place and compliance with applicable state law.
(2)
A lot within a residential district shall not include
more than one principal use and shall not include more than one principal
building unless specifically permitted by this article.
(a)
A manufactured/mobile home park, condominium
residential development or apartment development may include more
than one principal building per lot, provided all other requirements
of this chapter are met.
(b)
A condominium form of ownership of individual
dwelling units, with a legally binding owners' association, may be
established if the applicant proves to the satisfaction of the Zoning
Officer, based upon review by the Borough Solicitor, that there will
be appropriate legal mechanisms in place and compliance with applicable
state law.
C.
Minimum size of dwellings. Each dwelling unit shall
include a minimum of 500 square feet of enclosed habitable, indoor,
heated floor area, and which shall be primarily above the level of
the ground. This minimum floor area shall be increased to 800 square
feet if there are three or more bedrooms.
The maximum structure height specified for each district shall not apply to antenna that meet the requirements of this article, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys, mechanical equipment or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of "height" in § 280-19.
A.
In general.
(1)
No lot, structure or use shall be created or developed
in such a way that it would result in another lot, building or use
not being able to meet the requirements of this article. This includes,
but is not limited to, setback areas, nonimpervious areas and off-street
parking areas.
(2)
Emergency access. All principal buildings shall have
adequate provisions for access by emergency vehicles and fire ladders
in order to reach all sides of a building.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Corner lots. For a corner lot, the yard depth abutting
each public street shall be equal to the minimum depth of the front
yard, unless a larger width is provided for a side yard.
(2)
Projections into required yards.
(a)
Cornices, eaves, sills or other similar architectural
features, exterior stairways, fire escapes or other required means
of egress, rain leads, chimneys, ground-mounted doors for basement
access, window awnings, chaise for heating pipes or other similar
structures that do not include space usable by persons may extend
or project into a required yard not more than three feet, except as
may be required within a drainage or utility easement.
(b)
Steps, stoops, fire escapes, handicapped ramps,
and landings necessary to provide entrance to a building may be located
within a required setback area. Stoops, fire escapes and handicapped
ramps serving an existing building may extend into a street right-of-way
where necessary, if granted written approval by the Zoning Officer.
(3)
Front yard setback exception. In any district within
a block containing a lot proposed for construction or expansion of
a building, where 50% or more of the improved lots on such block frontage
currently have front yards of less depth than is currently required
for that district, and where the clear majority of such lots are already
developed, the average of such existing front setbacks shall establish
the minimum front yard depth for the remainder of the frontage.
C.
Sight clearance at intersections.
(1)
Clear sight triangles shall be provided within which
no obstruction to vision shall be permitted between a height of two
to 10 feet above the center-line grade of each street intersection.
Such clear sight triangles shall be established from the point intersection
of the center lines of the intersecting streets for a distance of
75 feet where both streets are local streets, 100 feet where one or
both streets are collector streets, and 150 feet where one or both
streets are major streets.
(3)
Where a street intersects with an alley, a clear sight
triangle shall be established with one leg of the triangle 15 feet
long along the edge of the right-of-way of the street and one leg
of the triangle 10 feet long along the center line of the alley, with
the two legs connected by a third longer leg.
(4)
Where two alleys intersect, a clear sight triangle
shall be established with each leg of the triangle 10 feet long along
the center line of each alley, and with the two legs connected by
a third longer leg.
(5)
Within these clear sight triangles, no new sight obstruction
shall be allowed that obstructs the views of motorists of oncoming
vehicle and pedestrian traffic at a height between three and 10 feet
in elevation. To the maximum extent feasible, this clear sight triangle
shall also be cleared of existing obstructions, such as by trimming
vegetation.
D.
Buffer yards. Buffer yards and screening complying
with the following standards shall be required under the following
situations. These buffer yard standards shall supersede the buffer
planting requirements of the Subdivision and Land Development Ordinance.[1]
(1)
Buffer yard width, when required. Buffer yards shall
have a minimum width of 20 feet, except 10 feet in the DC District
and 30 feet in the O, IO and A Districts. Buffer yards shall be required
in the following situations, and where otherwise required by this
chapter:
|
Buffer Yard to be Provided by the Following
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When the Use Providing the Screening and
Buffer Is
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|---|---|---|---|
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Along side and rear lot lines of any new:
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Abutting or across an alley from an existing
dwelling within a residential district, and visible from such dwelling
| ||
|
(1)
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Principal commercial or industrial use;
| ||
|
(2)
|
Area of 10 or more new off-street parking spaces;
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|
(3)
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An outdoor industrial storage area; or
| ||
|
(4)
|
An area routinely used for the overnight parking
of two or more tractor-trailer trucks.
| ||
|
Along the street right-of-way line or a lot
line of any new:
|
Abutting and visible from a public street
| ||
|
(1)
|
Outdoor industrial storage area; or
| ||
|
(2)
|
Area routinely used for the overnight parking
of or more tractor-trailer trucks.
| ||
(2)
Location of buffer yards.
(a)
The buffer yard shall be measured from the district
boundary line, street right-of-way line or lot line, whichever is
applicable.
(b)
Plants needed for the visual screen shall not
be placed within an existing street right-of-way. However, deciduous
trees may be permitted by the Borough to be placed within a street
right-of-way.
(c)
The buffer yard may include areas within a required
front, side or rear yard, or a paved area setback area provided the
larger yard requirement shall apply in case of overlap.
(3)
Characteristics of buffer yards.
(a)
The buffer yard shall be a landscaped area free
of structures, dumpsters, commercial or industrial storage or display,
manufacturing or processing activity, materials, loading and unloading
areas or vehicle parking or display. Buffer yards shall primarily
include evergreen plants, in addition to any required shade trees.
(b)
As a special exception use, the applicant may
prove to the satisfaction of the Zoning Hearing Board that an alternative
method of screening will satisfactorily avoid conflicts between uses
and provide an attractive appearance. For example, the Board may approve
a decorative brick wall to be placed between a loading area and an
abutting street.
(4)
Plant screen.
(a)
Each buffer yard shall include a planting screen
of trees or shrubs extending the length of the lot line.
(b)
Each planting screen shall meet the following
requirements:
[1]
Plant materials needed to form the visual screen
shall have a minimum height when planted of three feet. An initial
height of two feet may be used where a parking area is intended to
be visible from a street for security purposes. In addition, an average
of one deciduous shade tree, with a minimum trunk diameter of two
inches measured six inches above the ground level, shall be placed
for each 50 feet of length of the buffer yard. The shade trees may
be clustered or spaced unevenly. Where street trees are approved and
provided in the right-of-way, or healthy existing trees will be preserved,
those trees may serve in place of this shade tree requirement.
[2]
Plants needed to form the visual screen shall
be of such species, spacing and size as can reasonably be expected
to produce within five years a mostly solid year-round visual screen
at least six feet in height.
[3]
The plant screen shall be placed so that at
maturity the plants will not obstruct a street or sidewalk.
[4]
The plant visual screen shall be interrupted
only at:
[5]
American arborvitae and similar weak-stem plants
shall not be used to meet the buffer yard requirements. If more than
20 evergreen plants are proposed, no more than 50% shall be of one
species.
[6]
Where space allows, evergreen trees should be
planted at diagonal offsets so that there is room for future growth
of the trees.
(5)
Parking lot screening. If six or more new off-street parking spaces are provided within 30 feet from the right-of-way of North Front Street, a six-foot-wide planting area shall be provided between the parking and the street right-of-way. To provide security and oversight of the parking area from a street, species of plants should be used that can be trimmed to a height of less than four feet. This provision shall not apply if a more intense buffer is required under § 280-56D(1) above (such as for truck parking).
(7)
Fences.
(a)
Any fence in a buffer yard shall be placed on
the inside of any required plant screening.
(b)
As a condition of any variance or special exception
approval, the Zoning Hearing Board may require the installation of
a fence in addition to a buffer yard. As a condition of any land development
approval, Borough Council may require the installation of a fence
in addition to a buffer yard.
A.
Any part of a commercial, industrial, institutional
or apartment lot which is not used for structures, loading areas,
parking spaces and aisles, sidewalks and designated storage areas
shall be provided with an all-season, well-maintained vegetative groundcover,
and shall be landscaped with trees and shrubs. Landscaped areas shall
be kept free of debris, rubbish and noxious weeds.
C.
Parking area trees.
(1)
One deciduous tree shall be required for every 10
new off-street parking spaces.
(2)
If a lot will include 20 or more new parking spaces,
landscaped areas shall be provided within the parking area. Otherwise,
the trees may be planted around the parking area.
(3)
Trees required by this section shall meet the following
standards:
(a)
Type of trees permitted. Required trees shall be chosen from the list of approved large or medium trees in Chapter 245, Trees, of the Code of the Borough of Catasauqua.
(b)
Quality of trees. Required trees shall be of
symmetrical growth and free of insect pests and disease.
(c)
Minimum size. The trunk diameter (measured at
a height of six inches above the finished grade level) shall be a
minimum of two inches or greater.
D.
Street trees. As part of the construction of any new
street or any new principal nonresidential building or any new apartment
building, street trees shall be required to be planted. An average
of one street tree shall be planted for every 50 feet of street length.
The street trees do not need to be planted at specific intervals,
but may be moved to fit with utilities, driveways and other features.
(1)
The trees shall be in locations approved by the Zoning
Officer. These locations may or may not be within the street right-of-way,
depending upon the circumstances of the site. If the trees are not
located in the right-of-way, they shall be placed within the yard
immediately adjacent to the right-of-way.
(2)
New street trees shall not be required where existing
healthy street trees will be preserved and will serve the same purpose.
E.
Landscaping maintenance. All shade tree, buffer yard
and other landscaping required by this chapter shall be perpetually
maintained by the property owner. Any landscaping needed to meet an
ordinance requirement that dies, is removed, or is severely damaged
shall be replaced by the current property owner as soon as is practical
considering growing seasons, within a maximum of 150 days.
F.
Review. Where landscaping is required by this article,
the applicant shall submit a site plan showing proposed initial sizes,
locations and species of plantings and locations of any fencing in
sufficient detail to determine compliance with this section. Such
landscaping plan should be provided to the Zoning Officer for approval.
A.
Proof and registration of nonconformities. It shall
be the responsibility of, with the burden of proof upon, a party asserting
a nonconformity to provide the evidence that it is lawful. A property
owner may request a written statement of nonconformity from the Zoning
Officer after providing sufficient evidence.
B.
Continuation. A lawful nonconforming use, structure
or lot as defined by this article may be continued and may be sold
and continued by new owners. Any expansion of, construction upon or
change in use of a nonconformity shall only occur in conformance with
this section.
C.
Expansion of or construction upon nonconformities.
(1)
Nonconforming structure.
(a)
The Zoning Officer shall permit a nonconforming
structure to be reconstructed or expanded provided:
[1]
That such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity [except as provided by Subsection C(1)(c) below]; and
[2]
That any expanded area will comply with the
applicable setbacks in that district and other requirements of this
article.
(b)
In the case of a nonconforming structure which
is used by a nonconforming use, any expansion shall also meet the
requirements of this section regarding nonconforming uses.
(c)
Extension along a nonconforming setback. If
an existing building has a lawfully nonconforming building setback,
additions may occur to increase the height above such setback or to
extend other portions of the building out to the nonconforming side
or rear setback line, provided that:
[1]
The structure shall not be extended beyond the
existing nonconforming setback line;
[2]
No additional nonconformity shall be created;
[3]
The new nonconforming extension shall not be
greater than 25% of the existing floor area;
[4]
All other requirements of this chapter shall
be met; and
[5]
Such addition shall not be permitted for a nonresidential
building that abuts an existing principal residential use.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot.
New permitted structures for a single permitted-by-right principal
use and its customary accessory uses may be constructed, reconstructed
or expanded on a nonconforming lot of record held in single and separate
ownership as a permitted-by-right use if minimum setback requirements
are met.
(b)
Lot width. The fact that an existing lawful
lot of record does not meet the minimum lot width requirements of
this article shall not by itself cause such lot to be considered to
be a nonconforming lot.
(3)
Expansion of a nonconforming nonresidential use. A
nonconforming use or a building used by a nonconforming use shall
not be expanded, except in accordance with the following provisions:
(a)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(b)
Such reconstruction or expansion shall be only
upon the same lot that the nonconforming use was located upon at the
time the use became nonconforming.
(c)
The total building floor area used by a nonconforming
use, or the total land area covered by the nonconforming use, whichever
is more restrictive, shall not be increased by greater than 40% beyond
what existed in the nonconforming use at the time the use first became
nonconforming, under this chapter or a previously adopted zoning ordinance,
whichever came first. The above maximum increase shall be measured
in aggregate over the entire life of the nonconformity. All expansions
of the nonconforming use and/or building(s) that occurred since the
use originally became nonconforming shall count towards the above
maximum increase.
(d)
Any expansion of a nonconforming use shall meet
the required setbacks and other requirements of this article, unless
the Zoning Hearing Board grants a variance.
(4)
Expansion of a nonconforming residential use. An existing
nonconforming residential use may be expanded as a permitted-by-right
use provided that:
(5)
Nonconforming sign. The provisions of this article
shall not be interpreted to provide a right to expand or extend a
nonconforming sign. Instead, any expansions or extensions of a nonconforming
sign shall comply with this article.
D.
Damaged or destroyed nonconformities. A nonconforming
structure that has been destroyed or damaged may be rebuilt in a nonconforming
fashion only if: the application for a building permit is submitted
within 18 months after the date of damage or destruction; work begins
in earnest within 12 months afterwards and continues; and no nonconformity
may be created or increased by any reconstruction. The property shall
be properly secured during such time in such a way to keep out trespassers
and to avoid harm to neighboring properties.
E.
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued,
razed, removed or abandoned for 12 or more months, subsequent use
of such building or land shall conform with the regulations of the
district in which it is located, except as provided for in the "damaged
or destroyed nonconformities" provisions of this section.
(2)
The applicant shall be responsible to provide evidence
that the nonconformity was not abandoned.
(3)
An existing lawful separate dwelling unit may be unrented
for any period of time without being considered "abandoned" under
this article.
F.
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, a structure or land
shall not revert to a nonconforming use.
(2)
A nonconforming use may be changed to a different
nonconforming use only if permitted as a special exception by the
Zoning Hearing Board. However, special exception approval is not needed
for a simple change within an existing building from one lawful nonconforming
retail store use to another retail store use or from one lawful nonconforming
personal service use to another personal service use provided that
the new use complies with any Zoning Hearing Board conditions that
applied to the previous use and is not more objectionable in external
effects than the previous use.
(3)
Where special exception approval is required for a
change of a nonconforming use, the Board shall determine whether the
applicant has provided sufficient proof to show that the proposed
new use will be equal or less objectionable in external effects than
the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck
traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare,
vibration, fire, hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Late night and early morning hours of operation
if the use would be close to dwellings; and
(e)
Compatibility with the character of the surrounding
area.
(4)
A nonconforming use shall not be changed to a nonconforming
adult use.
G.
District changes. Any uses, structures or lots that
become nonconforming because of a zoning district change shall be
regulated under this section on nonconformities.
A.
Any newly placed solid waste dumpster shall be screened
on all sides as necessary to screen views from public streets and
dwellings. Such screening shall consist of decorative masonry walls,
mostly solid weather-resistant wood fencing or fencing of a similar
appearance (such as white vinyl vertical planks). Primarily evergreen
plantings are also encouraged in addition to the fence or wall. The
fence or wall shall include a self-latching door or gate.
B.
Setback from dwellings. An outdoor solid waste container
with a capacity of over 25 cubic feet shall be kept the maximum distance
that is feasible from any abutting dwelling, in the determination
of the Zoning Officer, provided that the container is not in the minimum
front yard. In any case, an outdoor solid waste container shall be
kept a minimum of 15 feet from an abutting dwelling. A solid waste
dumpster shall not be located in a front yard.
C.
If a solid waste dumpster is moved from one part of a lot to another part of a lot, then it shall come into compliance with this § 280-59.
D.
All waste containers shall be completely enclosed,
and the lid shall be kept in place. The locations of all dumpsters
shall be shown on all site plans and land development plans submitted
to the Borough.
E.
This section shall not apply to dumpsters temporarily
placed during actual construction or demolition on the premises, or
for recycling containers that do not involve garbage.
