This article contains general regulations which apply to several
or all districts.
Any legal nonconforming use may be continued, repaired, maintained
and improved, except as provided below:
A.
Enlargement. Such nonconforming use may not be enlarged beyond more
than double the existing flood area and/or lot area, and such resulting
enlargement shall not exceed the maximum height or maximum building
coverage requirements set forth for the district in which such nonconforming
use is located.
B.
Restoration. If any such nonconforming use is damaged, a permit for
its restoration or reconstruction may be obtained if such application
is filed within 90 days of notification by the Borough of its nonconforming
condition.
C.
Discontinuance. No such case may be reestablished after it has been
discontinued or vacated for a period of one year.
D.
Change of use. A nonconforming use may be changed to another nonconforming
use only if such change is more appropriate to the character of the
district in which it is located, as determined by the Zoning Board.
In any zone, where a nonconforming lot exists as a separate
entity at the time of passage of this chapter, and where the owner
of the nonconforming lot does not own an adjoining lot, then the following
development is permitted:
A.
If the lot is located in any residential district, a single-family
dwelling may be constructed on it as a permitted use, provided that
the lot is in at least seventy-five-percent compliance with each of
the following requirements for the single-family dwelling, as specified
in the district in which the lot is located: lot area, lot width,
rear yard, side yard, and maximum building coverage.
B.
If the lot is located in any remaining district, then a structure
not exceeding two stories in height may be constructed on it, for
a use permitted in the district in which it is located, provided that
the off-street parking and loading requirements of this chapter shall
be complied with and that the front, side and rear yards are in keeping
with the surrounding area, except that a side yard of at least 30
feet shall be required whenever such a use abuts an existing residential
use or a residential district.
A.
Two or more buildings on a lot. Two or more principal buildings located
on a parcel in single ownership shall conform to all the requirements
of this chapter which would normally apply to each building if each
were on a separate lot.
B.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Planning Commission shall decide which street will be considered as the front street. No principal structure shall be erected on the rear of the lot, except as specified in Subsections A and C.
C.
Lots fronting on an alley. Individual lots, existing at the effective
date of this chapter, fronting on an alley, shall comply with all
the requirements of this chapter and the district in which said lots
are located.
D.
Side yard of a corner lot. The side yard of a corner lot which abuts
a street shall be equal to the required front yard for that street.
E.
Corner lots. No obstruction to vision (other than an existing building,
post, column, or tree) exceeding 30 inches in height shall be erected,
planted or maintained on any lot within the triangle formed by the
street intersection, created by the right-of-way line of each street
extended to a point, and a line drawn between two points on the right-of-way
line of each street, each located 10 feet from the street intersection.
All plant materials shall be kept trimmed to ensure uninterrupted
vision for motor vehicle traffic.
A.
Any conforming use or building may be repaired, maintained, restored
or rebuilt to the same dimensions existing at the time that the use
or building was originally constructed or started.
B.
Any enlargement or addition to any conforming use must comply in
all respects with the regulations of this chapter, except that, in
the case of any enlargement or addition of buildings legally existing
at the effective date of this chapter, the maximum building coverage
requirements of the district regulations shall not apply; provided,
however, that all of the off-street parking and loading requirements
of this chapter shall be complied with. In such a case, the maximum
building coverage for the enlarged section shall not exceed 80% for
commercial and manufacturing buildings or 60% for residential buildings.
District height limitations shall not apply to church spires,
cupolas, and domes, monuments, water towers, chimneys, smokestacks,
farm structures, silos, flagpoles, utility poles, radio and television
masts or aerials, utility towers, and parapet walls extending not
more than four feet above the limiting height of the building. The
Board, after review by the Commission, may waive the height limitations
of this chapter as they pertain to elevator apartments and to commercial
and manufacturing buildings. In such cases, the Board shall determine
that such a departure is in the best interest of the municipality,
that it will be compatible with and not cause substantial injury to
the value of other adjoining property, and that adequate off-street
parking, loading and fire protection will be provided.
When an unimproved lot is situated between two improved lots,
each having a principal building within 30 feet of the side lot line
of the unimproved lot, the front yard may be reduced to a depth equal
to that of the greater front yard of the two adjoining lots; provided,
however, that it may not be reduced to below 15 feet in residential
districts and 10 feet in commercial and manufacturing districts.
Projections into required yards shall be permitted as follows,
except that no such projection shall be located closer than five feet
to any side or rear lot line or five feet to any front lot line in
an R-3 District or 10 feet in any other district:
A.
Fire escapes, uncovered stairs and landings, canopies, eaves, or
other architectural features not required for structural support may
project into the required side, front, or rear yard not more than
a total of three feet six inches.
B.
Porches may project into the required rear yard up to 12 feet.
C.
Patios (uncovered hard-surfaced areas three feet or less above grade)
may be located in the required side and rear yards not closer than
five feet to any adjacent property line and may project into front
yards up to five feet.
All accessory structures shall conform with the minimum yard
regulations established in the zoning districts, except as permitted
below:
A.
Unattached structures accessory to residential buildings. Structures
accessory to residential buildings which are not attached to a principal
structure shall not be higher than 15 feet or 1 1/2 stories and
may be erected within the required rear yard of a principal structure,
provided that they conform with the following:
(1)
Distance from side lot line: not less than five feet from the side lot line, except in the case of corner lots, where the side yard as specified in § 330-26D shall be maintained.
(2)
Distance from rear lot line: not less than five feet from the rear
lot line.
(3)
Distance from principal structure: not less than eight feet from
a principal structure.
B.
Unattached structures accessory to nonresidential buildings. Such
accessory structures shall comply with front and side yard requirements
for the principal structure and shall have a minimum rear yard of
at least 20 feet.
C.
Fences and walls. Unless specifically noted, the provisions of this
chapter shall not apply to fences, terraces or walls less than six
feet in height above the average natural grade, nor to terraces, steps,
unroofed porches or other similar features not over three feet high
above the level of the floor of the ground story.
Home gardening, and accessory structures used for nurseries
or as greenhouses, are permitted in residential areas, provided that
they shall not include the outdoor storage of equipment and supplies.
A.
Every person owning land on which there is situated a swimming pool,
fish pond or other body of water which constitutes an obvious hazard
and contains 24 inches or more of water in depth at any point shall
erect and maintain thereon an adequate enclosure either surrounding
the property or pool area, sufficient to make such body of water inaccessible
to small children. Such enclosure, including gates therein, must be
not less than five feet above the underlying ground; all gates must
be self-latching with latches placed four feet above the underlying
ground or otherwise made inaccessible from the outside to small children.
B.
A natural barrier, hedge, pool cover or other protective device approved
by the governing body may be used so long as the degree of protection
afforded by the substituted devices or structures is not less than
the protection afforded by the enclosure, gate and latch described
herein.
A.
Any excavations for the removal of topsoil or other earth products
must be adequately drained to prevent the formation of pools of water.
The Board shall require that such an excavation be enclosed by a fence,
for such excavation is hereby deemed to be a menace to the public's
health, safety and general welfare.
B.
Unless specifically permitted, open excavations shall not be maintained,
except those excavations made for the erection of a building or structure
for which a permit has been issued. All lands so stripped or otherwise
excavated shall be satisfactorily restored in conformance with requirements
of the Pennsylvania Bureau of Mines and Mineral Industries, Department
of Environmental Protection, and as approved by the Board.
C.
The dumping of earth, gravel, rock or other materials not subject
to decay, noxious or offensive odors may be permitted in any zone
in which not specifically prohibited or any vacant land, provided
that the existing grade shall not be raised more than three feet above
the nearest road; that hazardous or nuisance conditions are not created;
that an unsightly appearance or unstable slopes are not created.
A.
Yard planting and screening.
(1)
Yard screening shall be provided along the boundaries of any manufacturing or commercial use or off-street parking lot which abuts a residential use and on any special use where such screening is required. Such screening shall consist of a visual screen or obstruction of suitable shrubs, hedges, fences, or walls at least six feet high. See § 330-47E for parking lot screening.
(2)
Fences, walls, shrubs, or hedges under six feet tall may be located
in any yard or court and shall be maintained in good condition. Trees
and other plant material designated to enhance the livability and
attractiveness of any lot may also be located in any yard or court.
B.
Design of highway (nonresidential) development. It is the objective
of this chapter to encourage the orderly development of commercial,
industrial, and other nonresidential parcels in a manner which will
provide for proper access and reduce traffic conflicts and provide
for the health and welfare of the population of the municipality.
This shall be accomplished as follows:
(1)
The design of streets, service drives and pedestrianways shall provide
for safe, convenient, and hazard-free internal circulation of goods,
persons and vehicles.
(2)
Nonresidential parcels shall be limited to no more than two driveway
access points from the street or highway from which they derive their
principal access, and such driveway access points shall not be more
than 25 feet wide and shall be designed in a manner which will minimize
their interference with any traffic movements on the street or highway.
(3)
Where a number of individual parcels or buildings are being developed
jointly, or where a parcel or building is being developed adjacent
to another parcel used or suitable for nonresidential development,
consideration should be given to the following:
(a)
The location and planning of driveway access points to permit
their joint use by adjoining parcels so as to minimize the number
of intersections with the street or highway from which they derive
their access.
(b)
The development of parking and loading areas which permit convenient
traffic circulation between adjoining parcels.
(c)
The development of pedestrian walkways between adjoining parking
areas and buildings.
(d)
The provisions of landscaping and other features which will
enhance the usability, character, and attractiveness of the area.
Uses specified as conditional within the district regulations
of this chapter shall be permitted after no more than a sixty-day
review by the Planning Commission and approval within 30 days thereafter
by Borough Council based on the determination that the conditional
use is appropriate to the specific location for which it is proposed,
consistent with the community development plan, and in keeping with
the purposes and intent of this chapter. The following criteria shall
be used as a guide in evaluating a proposed conditional use:
A.
The presence of adjoining similar uses.
B.
An adjoining district in which the use is permitted.
C.
The need for the use in the area proposed as established by the Comprehensive
Plan or other valid service.
D.
Sufficient area to effectively screen the conditional use from adjacent
different uses.
E.
The use will not detract from the permitted uses of the district.
F.
Sufficient safeguards such as parking, traffic control, screening,
and setbacks can be implemented to remove any potential adverse influences
the use may have on adjoining uses.
G.
The notification of abutting property owners.
H.
Uses shall meet the provisions and requirements of other applicable
Borough regulations.
I.
Should the applicant fail to obtain the necessary permits within
a one-year period, or, having obtained the permit, should he fail
to commence work thereunder within such one-year period, it shall
be conclusively presumed that the applicant has waived, withdrawn,
or abandoned his appeal or his application, and all provisions, conditional
uses and permits granted to him shall be deemed automatically rescinded
by the Borough Council.
[Added 4-2-2007 by Ord. No. 1080]
A.
All home occupations shall meet the following requirements:
(1)
The use shall be conducted primarily by a permanent resident of the
dwelling and involve a maximum of one person working on site at any
one time who does not reside within the dwelling. A maximum of one
nonresident employee shall visit the property on a daily basis or
operate a vehicle based at the property.
(2)
The use shall be conducted indoors. No outdoor storage or display
related to the home occupation shall be permitted. No changes shall
occur to the exterior of a building that would reduce its residential
appearance as viewed from the street.
(3)
The use shall occupy an area that is not greater than 25% of the
total floor area of the principal dwelling. The use shall clearly
be secondary to the residential use.
(4)
One off-street parking space shall be required per nonresident employee.
In addition, for a major home occupation, the Zoning Hearing Board
shall require additional off-street parking if the Board determines
it is necessary for customer parking.
(5)
The use shall not require delivery by tractor-trailer trucks.
(6)
No excavating equipment shall be parked overnight on a residential
lot or an adjacent street as part of a home occupation.
(7)
No equipment or machinery shall be permitted that produces noise,
noxious odor, vibration, glare, electrical, or electronic interference
detectable on another property. The use shall not involve the storage
or use of hazardous, flammable or explosive substances, other than
types and amounts typically found on a residential property. The use
shall not involve the storage or use of toxic or highly hazardous
substances.
(8)
A home occupation shall not be conducted in a manner that is perceptible
to other residents between the hours of 9:00 p.m. and 7:30 a.m.
(9)
Any tutoring or instruction shall be limited to a maximum of three
students at a time.
(10)
A barbershop or beauty shop shall not include any nonresident
employees.
(11)
The main office of a medical doctor, chiropractor or dentist
shall not be permitted as a home occupation.
(12)
A home occupation may include a single one-square-foot nonilluminated sign, as permitted by Article VII. The sign shall have a maximum height above the ground of six feet and may be attached to a building or a pole. The sign shall not be allowed within the street right-of-way.
(13)
The Zoning Hearing Board shall deny a major home occupation
application, or limit its intensity through conditions, if the Board
determines the use would be too intense for the proposed location.
In making such a determination, the Board shall review the likely
amounts of traffic, the types of deliveries needed, the types of operations
involved and related nuisances, the amount of off-street and on-street
parking that is available, the density of the neighborhood, whether
the use would be adjacent to another dwelling, and setbacks from other
dwellings.
(14)
The use shall not involve manufacturing, other than of custom
crafts and sewing. The use shall not involve commercial repair of
motor vehicles.
(15)
The use may include sales using telephone, mail order or electronic
methods. On-site retail sales shall be prohibited, except for sales
of hair-care products as accessory to a barbershop/beauty shop.
(16)
If more than one home occupation is accessory to a dwelling,
the total aggregate impact of the home occupations shall be considered
in determining compliance with this chapter.
(17)
A zoning permit shall be required for a major home occupation.
B.
In addition to the requirements listed in Subsection A above, the following additional requirements shall apply to a minor home occupation:
(1)
The use shall not routinely involve routine visits to the home occupation
by customers or more than one nonresident employee at a time.
(2)
The use shall only involve the following activities:
(a)
Work routinely conducted within an office;
(b)
Custom sewing and fabric and basket crafts;
(c)
Cooking and baking for off-site sales and use;
(d)
Creation of visual arts (such as painting or wood carving);
(e)
Repairs to and assembly of computers and computer peripherals;
and
(f)
A construction tradesperson, provided that no nonresident employees
routinely operate from the lot.
[Added 4-2-2007 by Ord. No. 1080]
Group homes are permitted within a lawful dwelling, provided
the following additional requirements are met:
B.
A group home shall not include any use meeting the definition of
a "treatment center."
C.
A group home shall include the housing of a maximum of six unrelated
persons, except:
D.
No group housing shall be constructed without adequate infrastructure
and utilities. The Borough Engineer shall make this determination.
E.
The applicant shall provide a written statement describing how the
facility will have adequate trained staff supervision for the number
and type of residents. The Zoning Officer may require twenty-four-hour
on-site staffing if necessary for the number and type of residents.
F.
The applicant shall provide evidence of any applicable federal, state,
or county licensing or certification to the Zoning Officer. If such
licensing or certification is changed, suspended, or revoked, the
operator shall provide written notice to the Zoning Officer within
seven days.
G.
The group home shall register in writing its location, general type
of treatment/care, maximum number of residents, and sponsoring agency
with the Zoning Officer. If there are any changes in such matters,
the operator shall provide written notice to the Zoning Officer within
seven days. The Zoning Officer may require a new approval if there
are significant changes in the nature of the group home.
I.
A minimum of one off-street parking space shall be provided per on-site
employee, plus one space for every two residents of a type reasonably
expected to be able to drive a vehicle.
J.
If a group home is in a residential district, an appearance shall
be maintained that is closely similar to nearby dwellings, and no
sign shall identify the use.
K.
The persons living on site shall function as a common household unit.
L.
A secure privacy fence or landscaping with a minimum height of eight
feet shall be provided and shall be well maintained around the property.
M.
A dumpster shall be required on the property for trash disposal for
the group home.
[Added 4-2-2007 by Ord. No. 1080]
A.
Storage of garbage or biodegradable material is prohibited, other
than what is customarily generated on site and routinely awaiting
pickup.
B.
Outdoor storage of junk shall be at least 100 feet from any residential
lot line and 50 feet from any other lot line and the existing right-of-way
of any public street.
C.
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways shall be provided
throughout the entire use to allow access by emergency vehicles. Adequate
off-street parking areas shall be provided for customers.
D.
Outdoor storage shall be completely enclosed (except at approved
driveway entrances) by a forty-foot-wide buffer yard, unless such
storage is not visible from an exterior lot line or street. A secure
privacy fence with a minimum height of eight feet shall be provided
and well maintained around all outdoor storage areas.
E.
Burning or incineration is prohibited.
F.
All gasoline, antifreeze, and oil shall be drained from all vehicles
and properly disposed of. All batteries shall be removed from vehicles
and stored in a suitable area on an impervious and properly drained
surface.
[Added 4-2-2007 by Ord. No. 1080]
Mobile/manufactured housing installed on an individual lot or
within a mobile/manufactured home park approved after the adoption
of this chapter.
A.
Construction. Any mobile/manufactured home placed on any lot after
the adoption of this chapter shall be constructed in accordance with
1976 or later Safety and Construction Standards of the United States
Department of Housing and Urban Development. (NOTE: These federal
standards supersede any building code for the actual construction
of the home itself.)
B.
Each site shall be graded to provide a stable and well-drained area.
C.
Each home shall have its hitch and wheels removed.
D.
Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured
home park shall include a system that secures the home to the ground
to prevent shifting, overturning, or uneven settling of the home,
with a secure base for the tie-downs.
E.
Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable material that has the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. This Subsection E shall not apply within a manufactured/mobile home park. Metal skirting shall only be permitted within a manufactured/mobile home park. Provisions shall be provided as necessary for access to utility connections.
F.
The front door of the home shall open onto a public street, except
within a mobile home park.
G.
A mobile/manufactured home shall not be permitted within a commonwealth/state-certified
or National Register Historic District.
H.
The roof shall have a minimum pitch of 4.5:1.
[Added 4-2-2007 by Ord. No. 1080]
A.
The applicant shall provide a written description of all types of
persons intended to occupy the use during the life of the permit.
Any future additions to this list shall require an additional special
exception approval.
B.
The applicant shall prove to the satisfaction of the Zoning Hearing
Board that the use will involve adequate on-site supervision and security
measures to protect public safety.
C.
The Zoning Hearing Board may place conditions upon the use to protect
public safety, such as conditions on the types of residents and security
measures.
D.
If the use involves five or more residents, a suitable on-lot outdoor
recreation area shall be provided that is supervised by the center's
staff.
E.
A secure privacy fence and landscaping with a minimum height of eight
feet shall be provided and well maintained around the property.
F.
A minimum of one off-street parking space shall be provided per on-site
employee, plus one space for every two patients/residents of a type
reasonably expected to be able to drive a vehicle.
G.
The applicant shall provide evidence of any applicable federal, state,
or county licensing or certification to the Zoning Officer. If such
licensing or certification is changed, suspended, or revoked, the
operator shall provide written notice to the Zoning Officer within
seven days.
H.
The treatment center shall register in writing its location, general
type of treatment/care, maximum number of residents, and sponsoring
agency with the Zoning Officer. If there are any changes in such matters,
the operator shall provide written notice to the Zoning Officer within
seven days. The Zoning Officer may require a new approval if there
are significant changes in the nature of the treatment center.
[Added 4-2-2007 by Ord. No. 1080]
A.
No transitional congregate housing facility shall be constructed
without adequate infrastructure and utilities. The Borough Engineer
shall make this determination.
B.
The applicant shall provide a written statement describing how the
facility will have adequate trained staff supervision for the number
and type of residents. The Zoning Officer may require twenty-four-hour
on-site staffing if necessary for the number and type of residents.
C.
The applicant shall provide evidence of any applicable federal, state,
or county licensing or certification to the Zoning Officer. If such
licensing or certification is changed, suspended or revoked, the operator
shall provide written notice to the Zoning Officer within seven days.
D.
The transitional congregate housing facility shall register in writing
its location, maximum number of residents, and sponsoring agency with
the Zoning Officer. If there are any changes in such matters, the
operator shall provide written notice to the Zoning Officer within
seven days. The Zoning Officer may require a new approval if there
are significant changes in the nature of the transitional congregate
housing facility.
E.
A minimum of one off-street parking space shall be provided per on-site
employee, plus one space for every two residents of a type reasonably
expected to be able to drive a vehicle.
F.
If a transitional congregate housing facility is in a residential
district, an appearance shall be maintained that is closely similar
to nearby dwellings, and no sign shall identify the use.
[Added 4-2-2007 by Ord. No. 1080]
A.
The applicant shall provide evidence of any applicable federal, state,
or county licensing or certification to the Zoning Officer. If such
licensing or certification is changed, suspended, or revoked, the
operator shall provide written notice to the Zoning Officer within
seven days.
B.
A dumpster shall be required on the property for trash disposal.
C.
A minimum of off-street parking spaces shall be required for the
medical office or clinic in an amount calculated at one per full-time
employee, plus one per examining/treatment room.
