The height limitations of this chapter shall
not apply to church spires, belfries, cupolas, domes, chimneys, ventilators,
elevator shafts, skylights, water tanks, towers, bulkheads, silos,
and other similar farm buildings or mechanical appurtenances usually
carried above the roof level.
Home occupations, where permitted, shall be
clearly incidental or secondary to the use of the property as a residence
and not change the character of or have an exterior effect on the
dwelling, and shall not create noise, vibration, glare, odors, fumes
or electrical interference beyond the property lines. Motor vehicle
or small engine repair and maintenance shops shall not be considered
home occupations. Home occupations shall be limited to the employment,
on premises, of not more than one person, other than immediate family
members, at any one time. An additional off-street parking space shall
be provided for each employee. Home occupations shall not occupy more
than 30% of the total floor area of the dwelling unit, including basement
and accessory buildings.
[Amended 11-1-2021 by Ord. No. 709]
A.
No detached accessory building or structure, excepting signs, shall
be erected in any required front yard or closer than five feet to
any property line.
B.
No detached accessory structure in a residential district shall exceed
20 feet in height.
C.
Fences, which may be located on the property line and may be attached
to the primary structure but shall not exceed a height of eight feet,
and shall comply with clear-sight triangle requirements.
D.
Swimming pools and others where the coping is less than four feet
above the ground shall, in addition to meeting the above requirements,
also be entirely enclosed with a permanent fence not less than five
feet in height, and such fence shall be of a design adequate to restrict
entry to the pool (e.g., chain-link, wire mesh, solid picket, etc.).
The entrance gate shall be closed when the pool is not in use. All
fences shall be maintained in an upright position.
E.
Awnings, signs, steps, facade improvements and other building projections,
whether attached or detached, may be located in any front yard in
a C-1 Central Commercial, C-2 Highway Commercial or R-5 Residential/Professional
District, provided required clear-sight triangles are maintained,
accessory use permits are obtained where required, there is no obstruction
of pedestrian or vehicular movement and other applicable standards
pertaining to construction and size are met.
A.
Mobile home parks. Mobile home parks shall comply fully with the applicable requirements of Chapter 183, Subdivision and Land Development, prior to the issuance of any building or zoning permits relating to the same.
B.
Individual mobile homes.
(1)
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.
(2)
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.
[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.
A.
General regulations. The design of all new developments in the Conservation
Design Development Overlay District shall be governed by the following
minimum standards:
B.
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:
(1)
Single-family detached dwellings: single-family detached dwellings.
(2)
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.
(3)
Conservation open space: conservation open space comprising a portion
of the development, as specified above.
(4)
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.
(5)
Agriculture and forestry uses.
(6)
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.
C.
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.
|
D.
Design standards.
(1)
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.
(2)
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.
E.
Conservation open space use and design standards. Protected conservation
open space in all conservation design developments shall meet the
following standards:
(1)
Uses permitted on conservation open space. The following uses are
permitted in conservation open space areas:
(a)
Conservation of open land in its natural state.
(b)
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.
(c)
Pasture land for horses used solely for recreational purposes,
excluding buildings.
(d)
Silviculture.
(e)
Neighborhood open space uses such as village greens, commons,
picnic areas, community gardens, trails, and similar low-impact passive
recreational uses.
(f)
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.
(2)
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.
(4)
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%.
(5)
Access. Pedestrian and maintenance access shall be provided to conservation
open space reserved for subdivision residents.
(6)
Permanent conservation open space. The required conservation open
space shall be subject to permanent conservation easements.
A.
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:
(1)
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]
(2)
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.
(3)
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.
(4)
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.
(5)
Vibration. No vibration shall be permitted which is
detectable without instruments at the property line.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
B.
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.
C.
Sidewalk dining.
[Added 11-1-2021 by Ord.
No. 709]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
A.
Procedure.
(1)
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:
(a)
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.
(b)
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.
(c)
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:
(2)
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.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(3)
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.
(4)
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:
(5)
Complete final building plans shall also be submitted
as part of the final plan application.
(6)
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.
B.
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.
C.
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:
(1)
Land contained within public rights-of-way;
(2)
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
(3)
Land contained with the boundaries of easements previously
granted to public utility corporations.
D.
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:
(1)
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.
(2)
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.
(3)
Mechanisms to preserve open space.
(a)
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:
[1]
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.
(b)
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.
(4)
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.
(5)
Developments of 50 units or more shall also provide
one-half acre of parks and playgrounds per 50 units.
E.
Design criteria. The following design criteria shall
apply to multifamily developments:
(1)
There shall be no more than 10 dwellings in each multifamily
building.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
No structure shall be erected within a distance equal
to its own height of any other structure.
(8)
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.
(9)
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.
F.
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.
G.
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.
A.
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.
B.
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.
C.
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]
D.
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.
E.
Parking shall not be permitted on public rights-of-way.
F.
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.
|
G.
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.
H.
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:
(1)
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.
(2)
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.
(3)
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.
I.
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.
J.
Off-street parking spaces provided in all residential
districts shall be for any permitted use upon said property.
[Amended 10-8-2018 by Res. No. 2018-043; 1-14-2019 by Ord. No. 693; 12-9-2019 by Ord. No. 698]
A.
Applicability. Signs shall only be constructed, placed or maintained
in the Borough subject to the standards, procedures and other requirements
of this section, which:
(1)
Establish a permit system allowing a variety of signs by zoning district;
(2)
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
(3)
Provide for temporary signs.
B.
Purpose of the regulations.
(1)
Assuring all signs are safely constructed and located.
(2)
Permitting businesses to inform, identify, and communicate effectively.
(3)
Directing the general public through the use of signs.
(4)
Encouraging aesthetically attractive design, scale, and placement
of signs.
(5)
Encouraging orderly placement of signs without impairing property
rights.
(6)
Assuring sign information is clearly visible, conspicuous, legible
and readable.
(7)
Providing flexibility as to the number and placement of signs.
(8)
Avoiding damage and injury due to sign distractions.
(9)
Promoting tourism and the free flow of traffic.
(10)
Enabling fair and consistent enforcement of sign standards.
C.
ADVERTISING SIGN
AWNING SIGN
BALLOON SIGN
BANNER SIGN
BENCH SIGN
BLADE SIGN
CANOPY SIGN
CHANGEABLE SIGN
CONTRACTOR SIGN
DIRECTIONAL/INFORMATIONAL SIGN
DIRECTORY SIGN
ELECTRONIC MESSAGE/ELECTRONIC/DIGITAL SIGN
FEATHER SIGN
FLAG
FREESTANDING SIGN
GROUND SIGN
IDENTIFICATION SIGN
ILLUMINATED SIGN
MARQUEE SIGN
MURAL
NONCONFORMING SIGN
POLE SIGN
PORTABLE SIGN
PROJECTING SIGN
REAL ESTATE SIGN
REVOLVING SIGN
ROOF SIGN
SANDWICH BOARD
SIGN
SIGN AREA
SIGN HEIGHT
TEMPORARY SIGN
VEHICLE SIGN
WALL SIGN
WARNING SIGN
WAYFINDING SIGN
WINDOW SIGN
YARD SALE SIGN
Definitions. The following special definitions shall apply to this
section:
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.
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.
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.
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.
A sign applied or affixed to the seat or back of a bench.
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.
A sign affixed to the surface(s) of an attached or freestanding
canopy.
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.
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.
A sign which displays the names and/or addresses of the businesses,
tenants or uses of a building.
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.
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.
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.
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.
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.
A sign within a community identifying individual or groups
of units.
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.
Any sign painted on or attached to or supported by a marquee.
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.
A sign that met all legal requirements when constructed but
is not in compliance with current sign regulations.
A freestanding sign supported by a pole, pylon or a similar
support structure.
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.
A sign affixed to any part of a building or structure which
extends beyond the building face.
A temporary sign advertising the sale, lease, or rental of
the property or premises upon which it is located.
A sign that is mechanically moved 360° about an axis.
A sign erected, constructed, and maintained on or above the
roof of a building.
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.
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.
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.
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.
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.
Any sign permanently or temporarily attached to or placed
on a vehicle or trailer or wheels.
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.
A sign containing no advertising material but which warns
the public of the existence of danger.
A sign, frequently off-premises, specifically designed to
provide directional or destination information.
A sign on the inside of a window with its message intended
to be visible to the exterior environment.
A temporary sign for a short-term sale usually in a nonretail
setting.
D.
Procedures.
(1)
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.
(2)
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:
(a)
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.
(b)
The location of the building, structure, or zoning lot on which
the sign is to be erected or affixed.
(c)
A sketch plan of the property involved, showing accurate placement
thereon of the proposed sign.
(d)
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.
(e)
In the case of advertising and electronic signs, such engineering
data as required to ascertain compliance with the standards herein
for such signs.
(f)
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.
(3)
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.
(4)
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.
(5)
Permit fees. Each sign requiring a sign permit shall pay a fee as
established from a schedule adopted by resolution of the Borough Council.
(6)
Inspections. All signs for which a permit is required shall be subject
to the following inspections:
E.
General requirements.
(1)
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.
(2)
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.
(3)
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.
(a)
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.
(b)
No sign shall be erected, constructed, or maintained so as to
interfere with any opening required for ventilation.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
F.
Temporary signs.
(1)
General requirements.
(a)
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.
(b)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Sandwich board signs. Sandwich board signs shall be weighted to withstand
wind conditions and avoid collapsing. Such signs shall be removed
after business hours.
(6)
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.
G.
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.
H.
Commercial, manufacturing, public use and semipublic uses.
(1)
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.
(a)
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.
(b)
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.
(c)
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.
(2)
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.
(a)
There shall not be more than two common directory signs at any
public road intersection.
(b)
The surface area of each sign shall not exceed 150 square feet
for each exposed face.
(c)
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.
(d)
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.
(e)
The application shall include documentation of the existence
of an organization which will be responsible for the maintenance of
the sign.
(f)
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.
(3)
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.
(4)
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.
I.
Advertising signs.
(1)
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.
(2)
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]
[1]
Editor's Note: See 67 Pa. Code Ch. 445.
(3)
The following additional special exception review criteria shall
apply to advertising signs:
(a)
The size and scale of the proposed sign shall not be disproportionate
to the buildings and streetscape that exist.
(b)
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.
(c)
The proposed sign shall be consistent with the principles of
the Borough Comprehensive Plan and the character of the streetscape
environment.
(d)
The proposed sign shall be capable of being buffered and properly
separated from any other similar advertising sign.
(e)
The sign shall otherwise comply with the provisions of the Zoning
Ordinance.
(f)
The sign shall, to the maximum extent practicable, blend with
both the streetscape and the viewshed.
J.
Electronic messaging. Business, advertising and other signs may include
electronic messaging subject to the following:
(1)
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.
(2)
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.
(3)
No electronic message sign shall be located within 500 linear feet
of any other electronic message sign on either side of a street.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
Electronic message signs shall be permitted only in the C-2 Highway
Commercial District and only as special exception uses.
K.
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.
L.
Removal of certain signs.
(1)
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.
(2)
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.
M.
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
|
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.
A.
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:
(1)
A minimum parcel of two acres shall be required for
the residence and stable.
(2)
No more than two equines shall be kept except that
one additional equine may be kept for each additional acre of land.
(3)
Two hundred square feet of stable building area shall
be provided for each equine kept on the property.
(4)
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.
(5)
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.
B.
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:
(1)
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.
(2)
No more than three equines are kept with the exception
that one additional equine may be kept for each additional acre of
land.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
C.
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]
(1)
A minimum parcel of three acres shall be required.
(2)
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.
(3)
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.
(4)
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.
(5)
Dogs shall be restricted from using kennel areas not
fully enclosed in a building from 8:00 p.m. to 8:00 a.m.
D.
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]
Adult stores shall not be located within 1,000
feet of any residence, church, synagogue, public or semipublic use
of health facility.
A.
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:
(1)
Any junkyard located adjacent to a federal aid highway
shall comply with all regulations of the Federal Highway Administration.
(2)
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.
(3)
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.
(4)
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.
(5)
Performance guaranty.
(a)
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:
[1]
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.
(b)
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.
(c)
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.
(6)
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.
(7)
All junkyards shall be required to obtain an annual
certificate of use permit from the Borough for the operation of the
said junkyard.
B.
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.
[Added 11-1-2021 by Ord. No. 709]
A.
ANTENNA
TELECOMMUNICATIONS FACILITY
TOWER
Special definitions. As used in this section, the following terms
shall have the meanings indicated:
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.
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.
B.
Design and location standards. The following design and location
standards shall apply to all telecommunications facilities:
(1)
The location of the tower and equipment building shall comply
with all natural resource protection standards of this chapter.
(2)
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.
(3)
An eight-foot-high security fence shall completely surround
the tower (and guy wires, if used) and equipment building.
(4)
The tower and antenna shall be designed and constructed to all
applicable standards of the American National Standards Institute.
(5)
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.
(7)
A telecommunications facility shall be permitted on a property
with an existing use, subject to the following conditions:
(a)
The telecommunications facility shall be fully automated and
unattended on a daily basis and shall be visited only for periodic
maintenance.
(b)
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.
(c)
Minimum setbacks. The minimum setback required above shall apply
to the area designated for tower use.
(d)
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.
(8)
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.
(9)
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.
(10)
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.
A.
Development standards.
(1)
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%
|
(2)
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:
(a)
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.
(b)
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.
B.
Accessory uses.
(1)
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:
(a)
Cafeteria.
(b)
Coffee shop.
(c)
Gift shop.
(d)
Newsstands.
(e)
Recreational facilities.
(f)
Flower shops.
(g)
Book stores.
(h)
Libraries.
(i)
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.
(2)
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.
C.
Off-street parking, loading and unloading requirements.
(1)
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.
(2)
Parking structures shall be required to maintain the
required yard requirements as defined above except that the required
front yard may be reduced to 15 feet from the road right-of-way, provided
a buffer area be provided.