The provisions of this article represent standards and regulations
that shall be applied to all uses in addition to those established
for the applicable zoning district. These regulations are to be used
either in common within all zoning districts or are to be applied
to specific situations as may be otherwise stated throughout the chapter.
A.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter, except as may be provided otherwise in this article or Article IV.
B.
No part of a yard or other open space required by this chapter in
connection with any building or use shall be included as part of a
yard or open space similarly required for any other building or use.
C.
Every principal building hereinafter erected shall be located on a lot as defined. There shall not be more than one principal building and its accessory structures on one lot, except in the case of single-family attached or multifamily dwelling structures, mixed residential developments, or other land development approved pursuant to the requirements of Chapter 241, Subdivision and Land Development, of the Code of the Borough of Muncy.
D.
The width of any lot shall be measured at the minimum required front
building setback line, except that lots located on culs-de-sac or
curves in the road may have lot widths of less than those required,
provided that the average of the front and back lot line is equal
to or greater than the required lot width. In no case, however, shall
the front lot line of a residential lot have a width less than 50
feet measured at the front building setback line.
E.
No portion of the cartway of any street or alley shall be included
in calculating a lot's required area.
A.
Projections.
(1)
Cornices, chimneys, flues, eaves, gutters, steps, piers, or bay windows
may project into any required yard, but not more than 12 inches from
the principal building to which it is attached. In no case, however,
shall the projection be closer than five feet to a property line or
street or alley right-of-way.
(2)
An unenclosed porch no more than one story or 15 feet in height may
be erected with a depth of six feet in the front yard or a depth of
12 feet in the rear yard, provided that no portion of the porch shall
be closer to the side lot line than the required side yard. In no
case, however, shall the porch be located closer than five feet to
any property line or street or alley right-of-way.
B.
Front yards.
(1)
Front yard setbacks shall be as set forth in Article III, District Regulations, and shall be measured from the edge of the cartway of the adjoining street or alley, or as may be otherwise noted.
(2)
Buildings proposed for construction in the Central Business District shall be set back at the same depth as existing or adjoining buildings in order to maintain the character of the downtown area. (See also § 286-72 for setback requirements in the Historic District.)
(3)
Where, in any district, more than 50% of the frontage of a block
has been improved with buildings having front yards of less depth
than is required for the district in which they are located, then
the required front yard depth for such block may be decreased to a
depth not less than that of the majority of the existing buildings.
(4)
Where, in any district, less than 50% of the frontage of a block
has been improved with buildings having front yards of less depth
than is required for the district in which they are located, but an
unimproved lot is situated between two improved lots each having a
principal building which extends into the required front yard, the
front yard of such unimproved lot may be decreased to the average
depth of the two adjacent improved lots.
(5)
Where an addition is proposed for an existing principal building
which extends into the required front yard, the addition may be authorized
by the Zoning Officer so long as the addition projects no further
into the required front yard than the average depth of the buildings
on the adjoining lots.
(7)
Off-street parking and loading areas shall not be located within
a front yard, unless such parking occurs within the lot's driveway.
C.
Side yards.
(1)
On a corner lot, all yards abutting a street shall have a depth equal
to the required front yard for the district in which the lot is located.
The remaining two yards shall constitute a side yard and a rear yard.
(2)
Where a corner lot is situated at the intersection of a street and
an alley, the required front yard shall be measured from the street,
and the side yard requirement shall be measured from the alley.
(3)
Side yards shall be measured from the side lot line or from the edge
of the cartway of any adjoining alley.
(5)
Off-street parking and loading areas shall not be located within
a required side yard, unless such parking occurs within the lot's
driveway.
A.
Permitted heights. The permitted height of structures shall be measured from the average finished grade of the lot upon which the structure is located to the highest point of the structure's roof. (See also § 286-72B for height requirements in the Historic District.)
B.
Height exceptions.
(1)
The following structures or portions thereof may extend above the maximum height limit of the district in which they are located; provided, however, they are set back a distance equal to their height. [See also Subsection B(2) below.]
(a)
Church towers, spires, and steeples;
(b)
Penthouse or roof structures for the housing of elevators, stairways,
tanks, ventilating fans and similar equipment required to operate
and maintain the building; and
(c)
Fire or parapet walls, skylights, flagpoles, chimneys, smokestacks,
utility poles, building-mounted antennas, water tanks, silos, or similar
structures.
(2)
Notwithstanding any of the exceptions outlined above, the location
and height of all structures shall be in accordance with all applicable
rules, regulations, standards and criteria of the Federal Aviation
Administration, the Federal Communications Commission, and any other
governmental agency which may have jurisdiction.
A.
Two or more principal uses in same building. When two or more principal uses occupy the same building (not including home occupations as defined in § 286-42), parking spaces, open space, etc., shall be provided so that the standards pertaining to each use will be met in full, unless provided otherwise in this chapter or as part of a land development approved pursuant to the requirements of Chapter 241, Subdivision and Land Development, of the Code of the Borough of Muncy.
B.
Fences and screening walls. (See also § 286-55B.)
(1)
No fence or screening wall exceeding 6 1/2 feet in height may
be erected within the side or rear yard of any Residential District
property unless authorized otherwise by the Zoning Hearing Board or
other provision of this chapter. A fence or screening wall not exceeding
an average of 3 1/2 feet in height may be erected across the
front of a property adjacent to the sidewalk. Fences or walls up to
10 feet in height may, however, be erected within any required yard
for schools, playgrounds, or parks; or in Commercial or Industrial
Districts. No barbed wire or aboveground electric fencing shall be
used in the Borough, unless part of an approved security plan for
an industrial, commercial or institutional facility.
C.
Outdoor lighting. All outdoor floodlighting and spot lighting shall
be mounted and shielded to effectively eliminate direct glare on adjacent
properties and to avoid creating safety problems for motorists on
public streets. No light fixture affixed to the side of a building
shall project more than 24 inches from the surface to which it is
attached.
D.
Clear sight triangle requirements. At all street and/or alley intersections,
no obstruction (including a fence or wall) or planting exceeding 42
inches in height above the established grade of the street at the
property line shall be permitted to be located within the clear sight
triangle of the intersection. A clear sight triangle shall be defined
as that area of unobstructed vision at an intersection formed by lines
of sight between points at a given distance from the intersection
of the street center lines. These distances shall be as follows:
(1)
For the intersection of a collector street and a local street, the
distance from the intersection of the street center lines shall be
50 feet.
(2)
For the intersection of two local streets, the distance from the
center line intersection shall be 30 feet.
(3)
For the intersection of a collector or local street and an alley
or the intersection of two alleys, the minimum distance shall be 25
feet.
A.
Where a commercial or industrial use (commenced after the effective date of this chapter) abuts any Residential District, buffer yards shall be provided in accordance with the yard requirements of the applicable zoning district. (See Article III, District Regulations.) The buffer yard shall be a part of the commercial or industrial operation and shall be maintained by that property owner.
B.
A buffer yard may be part of the required side or rear yard setback.
C.
All buffer yards shall be planted and maintained with vegetative material, including but not limited to grass, sod, shrubs, or trees or evergreens. Where required within buffer yards, screening shall be accomplished in accordance with § 286-55 below.
D.
No building, structure, sign, storage of materials, or off-street
parking and/or loading areas shall be permitted within a required
buffer yard; however, access drives and utilities may cross, but not
traverse, such yards.
Where required, screening may be accomplished through the use
of any one or a combination of the following methods.
A.
Screen planting.
(1)
Screen planting may be required as set forth in Article IV, Supplementary Use Regulations, or where determined necessary by the Borough Council or Zoning Hearing Board, as appropriate, to serve as a barrier to visibility, glare, and/or noise between adjacent properties.
(2)
Plant or vegetative materials, including shrubs or evergreens, used
in screen planting shall be of such species as will produce, within
three years of planting, a complete visual screen at least 6 1/2
feet in height and be of such density as is necessary to achieve the
intended purpose. All such plant materials shall be a minimum of four
feet in height at the time of installation.
(3)
Screen planting shall be maintained permanently by the property owner,
and any plant material which does not live shall be replaced within
six months.
(4)
Screen planting shall be placed so that at maturity it will be no closer than five feet to any street or property line, except that the appropriate clear sight triangle, as provided in § 286-53D, above, shall be maintained at all intersections. Required screen plantings shall be broken only at points of vehicular or pedestrian access or utility easements.
(5)
Where a commercial or industrial use abuts a Residential District,
all required screen plantings shall extend the entire length of the
common boundary.
B.
Fences or walls.
(1)
In lieu of, or in addition to, plantings as described above, the
Borough Council or Zoning Hearing Board, as appropriate, may consider
the use of a fence or wall as an acceptable barrier to potentially
objectionable noise, glare, and/or visibility between adjacent properties.
(2)
Fences or walls used for screening shall meet all requirements set forth in § 286-53B of this chapter.
(3)
Fences or walls used to provide required screening shall be at least
6 1/2 feet in height and be of such type as is necessary to achieve
the intended purpose.
(4)
Fences or walls used to provide required screening shall meet the clear sight triangle requirements set forth in § 286-53D of this chapter.
(5)
Any fence or wall used to provide required screening shall be maintained
in structurally sound condition by the property owner.
