[1]
Editor's Note: For complete details, see Appendix A6.
A.
Two or more permitted uses shall not be permitted on one lot unless
subdivision or land development approval is secured, unless these
uses are unified and form one overall use conforming to the regulations
of the district where it is located.
B.
No lot shall have erected upon it two or more principal buildings
unless permitted otherwise by this chapter.
C.
Any truck, trailer, compressor, or other piece of equipment used
in connection with a commercial or manufacturing use, assuming the
use is legal or is legally nonconforming, shall be considered an extension
of that use when:
(1)
It is actually in use in performing some legitimate service at the
site at which it is parked.
(2)
It is being used in connection with ongoing construction or similar
work at the site.
(3)
It is a motor vehicle under 20 feet in length and 5,000 pounds in
weight and is being used as a private vehicle, even if equipment is
attached to it or carried on it.
(4)
The truck or trailer is parked on the lot of the legal or legally
nonconforming use.
(5)
The truck or trailer is parked on the street adjacent to the legal
or legally nonconforming use.
(6)
It is parked within a completely enclosed garage.
D.
No more than two boats, recreational vehicles, or similar vehicles
may be parked on one lot in any zoning district. The only exception
to this limit is for a sales and service center for such vehicles
or a commercial storage business for such vehicles.
E.
In no case shall any street or alley in the Borough be used for automobile
repair or any other use other than public passage unless authorized
by ordinance, license, or act of Borough Council.
F.
Temporary buildings and structures for uses incidental to construction
work shall be permitted, provided such buildings are removed promptly
upon completion or abandonment of the construction work and in all
cases within two years of placement of the temporary building or structure
on the premises.
The following standards shall apply to apartment and multifamily
dwellings:
A.
Corner lots.
(1)
A corner lot shall be deemed to have two or more front yards and
the standards of street frontage, frontage at the building line and
of required front yard setback shall apply with respect to every street
upon which the lot has frontage.
(2)
In the case of a corner lot, a rear yard is required but it may be
designated as any yard not fronting on a public street.
B.
Visibility at intersections.
(1)
A line-of-sight triangle shall be established at every corner lot
and at each driveway entry onto a public street. Nothing shall be
permitted to be erected, placed, planted or allowed to grow within
the line-of-sight triangle in such a manner as to obscure vision.
Line-of-sight triangles shall include the area within the following:
(a)
Corner lot line-of-sight triangle; a triangle, two sides of
which are the street lines on either side of the corner lot extending
for a distance of 40 feet from their intersection, the third side
of which is a line joining the ends of the first two sides.
(b)
Driveway line-of-sight triangle: a triangle, one side of which
is the center line of the driveway, the second side of which is the
street line which the driveway intersects, each such line extending
for a distance of 10 feet from their intersection, and the third side
of which is a line joining the ends of the first two lines. Each driveway
shall have two line-of-sight triangles, one on either side of the
driveway.
(2)
The Borough shall have the right to declare any obstruction to vision
within the line-of-sight triangle to be a safety hazard and shall
direct the owner of the property to have it removed. If the owner
fails to do so within 30 days after written notice, the Borough shall
remove the obstruction and bill the owner and lien the property for
the expense involved.
C.
Projections into required yards. No structure or part thereof shall
project into a required yard area except as provided for in this section.
A.
No-impact home-based business. A business or commercial activity
administered or conducted as an accessory use which is clearly secondary
to the use as a residential dwelling and which involves no customer,
client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises, in excess of
those normally associated with residential use. The business or commercial
activity must satisfy the following requirements:
(1)
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, or lights.
(5)
No on-site parking of commercially identified vehicles shall be permitted.
(6)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(7)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(8)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(9)
The business may not involve any illegal activity.
B.
Home occupations.
(1)
Home occupations shall be conducted entirely within the principal
dwelling or accessory building.
(2)
The area devoted to the home occupation shall be not more than 25%
of the total floor area of the dwelling, including that of an accessory
building which may be used for the home occupation.
(3)
Home occupations shall not have more than one nonresident employee.
(4)
The home occupation shall not alter the exterior of the dwelling
or accessory structure.
(5)
There shall be no exterior or window display of products or storage
of goods or materials.
C.
Private recreational uses.
(1)
The regulations contained herein apply to all open (unroofed) private
recreational uses which require the installation of a permanent structure
either in-ground, at grade level or elevated above grade level.
(2)
Such uses shall be considered as structures but shall not be counted
when computing building coverage.
(3)
No such uses shall be located within a front yard or within 10 feet
of any property line.
(4)
All such uses shall be surrounded with a fence of sufficient size to contain playing balls within and to exclude entrance when not attended. In the case of a swimming pool, a fence at least four feet but not exceeding six feet in height shall be provided and it shall be required that said fence have a locked gate at all times when the pool is unattended, regardless of whether or not it is filled with water; provided, however, that a fence shall not be required in the case of an aboveground pool if the deck is at least four feet above grade level and the ladder is removed when the pool is unattended. No fence shall be required for a kiddie pool, which is hereby defined as a private pool not exceeding 16 inches in height and 51 square feet in area. All fences shall be in accordance with the applicable provisions of §§ 330-15 and 330-16 of Article IV, Districts.
D.
Accessory structures.
(1)
No accessory structure shall be more than 12 feet in height.
(2)
Accessory structures shall not be located in the front yard, shall
be at least three feet from any side lot line and shall be located
to the rearmost portion of the principal building at least 10 feet
farther back from the building line than the rearmost portion of the
principal building.
(3)
Special height regulations. The following types of structures may
exceed the maximum height limitation for the district in which they
are located by 15 feet. A greater height may be permitted by the Zoning
Hearing Board by special exception upon evidence that said height
is necessary for effective operation and will not adversely affect
nearby uses:
E.
Decks for residential uses.
(1)
The following shall apply to any deck attached to a single-family
detached dwelling:
(2)
The following shall apply to any deck attached to a single-family
attached dwelling:
(a)
Any open deck with no part of its floor higher than three feet
above finished ground level may extend into minimum required yards
as follows:
(b)
Any open deck with any part of its floor higher than three feet
above finished ground level may extend into minimum required yards
as follows:
[1]
Front yard: no extension.
[2]
Side yard: no extension.
[3]
Rear yard: 10 feet, but not closer than five feet to the rear
lot line. Notwithstanding the above, on lots with rear yards of 17
feet or less, a deck with a depth of 12 feet may be permitted, but
not closer than two feet to the rear lot line, if such lot line abuts
open space or an utility easement, not less than 10 feet in width.
In addition, on lots with a minimum required side yard, not closer
to that side lot line than a distance equal to such minimum required
yard.
(3)
The following shall apply to any deck attached to a multiple-family
dwelling:
(a)
Any open deck, not more than 10 feet in width and with no part
of its floor higher than three feet above finished ground level, may
extend six feet into any minimum required yard.
(b)
Any open deck, not more than 10 feet in width with any part
of its floor higher than three feet above finished ground level, may
extend three feet into any minimum required yard.
F.
Outdoor storage.
(1)
Outdoor storage shall be permitted only where specifically authorized
by this chapter. The outdoor display of motor vehicles for sale in
the General Business District shall not be considered outdoor storage.
(2)
Outdoor storage shall not be permitted within any public right-of-way,
within any area intended for use as a walkway or required for use
as an off-street parking area, except as otherwise expressly permitted
herein.
(3)
The area devoted to outdoor storage shall be screened from public view as provided for by § 330-28, Landscaping.
(4)
The aboveground bulk storage of flammable or explosive materials
shall be prohibited except for fuel which is directly connected to
appliances or to heating or cooling equipment.
Any use not permitted, specifically or by implication, in a
zoning district in this chapter is prohibited specifically in that
zoning district. The following uses and activities are specifically
prohibited in any zoning district in the Borough:
A.
Except as provided in Article VIII, Parking, the erection of tents or the placing, parking or storing of recreational vehicles or other nonpermanent structures used for living or housekeeping purposes; provided, however, that nothing herein shall be interpreted to prevent the installation of a manufactured home on a permanent foundation when otherwise erected in accordance with district regulations.
B.
Outdoor junkyards (including motor vehicles parts salvage yards),
storage areas for materials salvaged from wrecking or demolition operations,
waste disposal areas and similar outdoor storage.
C.
The sale, rental or bartering of illegal and pornographic material
or services.
D.
The mining or extraction of any material from the ground.
E.
The use of blasting, explosives or incendiary devices except when
necessary for the demolition of a structure and used in accordance
with all state and local regulations.
F.
The showing or presenting of lewd material or entertainment in an
outdoor setting or theatre.
G.
Residential conversions.
Every portion of a lot shall be planted with natural vegetation
consisting of grass, trees, bushes or other ground cover except:
A.
Portions occupied by buildings and other structures.
B.
Portions used for sidewalks and other walkways and which are paved
or constructed of an all-weather surface.
C.
Portions devoted to the cartway of a public or private street or
driveway which are paved with an all-weather surface.
D.
Portions devoted to off-street parking and loading areas, including
aisle ways and maneuvering areas which are paved with an all-weather
surface.
A.
To protect residential areas, buffering shall be provided where any
nonresidential use abuts a residential use or where the General Business
District abuts any other district.
B.
Buffering shall consist of a five-foot-wide buffer planting strip
planted with deciduous and evergreen trees and shrubs. At the time
of installation, shrubs will have a minimum height of three feet and
an expected height at maturity of at least six feet. There should
be sufficient planting so there are no unobstructed openings wider
than four feet. At least 50% of the trees and 75% of the shrubs shall
be evergreen species.
A landscaped planting area, consisting of shrubs, bushes, hedges
and/or evergreen trees, shall be provided around the perimeter of
off-street parking lots, ground-level air conditioning or air-cleaning
equipment and around authorized outdoor storage areas. The plantings
shall be at least five feet in height and at intervals of every five
feet, but in the case of plantings adjacent to a point of vehicular
ingress or egress to a parking lot, the height of the plantings shall
be maintained so as to not interfere with the line of sight of motorists.
[Added 8-21-2019 by Ord. No. 2019-03]
A.
Where vegetation exists which can meet the objective of the landscaping,
screening and buffering requirements of this chapter or the Subdivision
and Land Development Ordinance[1] in effect or applicable within the Borough, it shall be
preserved and may be used to meet such requirements. To facilitate
this requirement, a vegetation study listing quantities, size, species
and locations of existing plants must be prepared by the property
owner or developer's RLA and/or CPH and verified by the Borough's
plant expert. In areas containing invasive or noxious weed plants,
property owners and developers are encouraged to remove and destroy
such plants to maintain the health of existing vegetated areas. In
areas of necessary disturbance, existing quality native vegetation
may be relocated for use in other areas. Procedures for tree removal
and areas of relocation shall be shown on the plan and material for
relocation noted in the field by tagging trees for review and inspection
by the Borough.
[1]
Editor's Note: Subdivision and land development in the Borough
is regulated by the Delaware County Subdivision and Land Development
Ordinance.
B.
All new landscaping, buffering and screening provided to comply with
the requirements under this chapter or under the Subdivision and Land
Development Ordinance[2] in effect or applicable within the Borough shall be provided
using native plants listed on Exhibit 1[3] found at the end of this chapter.
All uses allowed in the Neighborhood Conservation, Downtown
and General Business Districts shall be managed so as not to cause
an unacceptable level of:
