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Borough of Middleburg, PA
Snyder County
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Table of Contents
Table of Contents
[Ord. 206, 2/4/1985]
On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 and 10 feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of the intersection.
[Ord. 206, 2/4/1985; as amended by Ord. 295, 11/8/2005; and by Ord. 302, 3/13/2007]
Notwithstanding other provisions of this chapter, fences, walls and hedges may be permitted in any required yard, subject to the following provisions:
A. 
No fence, wall or hedge in or along the sides or front edge of any front yard shall exceed five feet in height.
B. 
No wall, except a retaining wall shall be constructed, extended, enlarged or altered to a height exceeding five feet in or along any required side or rear yard in any district.
C. 
In all districts, no hedge shall be placed, planted or allowed to grow to a height exceeding six feet along or within the required side or rear yards.
D. 
In all districts, no fence in or along the sides or back edge of any rear yard shall be constructed, extended, enlarged or altered to exceed six feet in height. However, a fence can be constructed, extended, enlarged or altered to a height in excess of six feet only by Zoning Hearing Board approval.
[Ord. 206, 2/4/1985]
Where, in any residential district, more than 50% of the residential frontage of any block has been improved at the time of passage of this chapter with the building having front yards of less depth than that required for the particular residential district, then the required front yard depth for such district may be decreased in such block to a depth not less than that of the majority of the existing buildings as a special exception by the Zoning Hearing Board.
[Ord. 206, 2/4/1985]
No accessory building shall be erected in any required yard, except as specified in Part 8, § 27-804B, and no separate accessory building shall be erected within five feet of any other building.
[Ord. 206, 2/4/1985]
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
[Ord. 206, 2/4/1985; as amended by Ord. 243, 2/27/1996]
The height limitations contained in the Table of Height, Area and Bulk Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
[Ord. 206, 2/4/1985]
The minimum habitable floor area of a dwelling, rooming (boarding) or bachelor unit hereafter erected or converted shall be at least 150 square feet for the first occupant, at least 100 square feet of additional habitable floor area for each of the next three occupants and at least 75 square feet of additional floor area for each additional occupant.
[Ord. 206, 2/4/1985; as amended by Ord. 243, 2/27/1996]
Where permitted in Part 5, single-family dwellings or other uses may be converted into two or more housekeeping and/or bachelor or rooming (boarding) units, provided that the Zoning Hearing Board makes the findings required by § 27-1105, and that the Zoning Hearing Board makes further findings that:
A. 
The minimum habitable floor area for each unit is provided in accordance with Part 6, § 27-607. In the event that these standards for minimum habitable floor area as specified in the BOCA Existing Structures Code, the more restrictive standard shall apply for all conversions.
B. 
The building shall conform to the bulk requirements as specified by § 27-503 for the districts in which it is located.
C. 
The minimum lot area per dwelling units is provided as specified in § 27-503 for the district in which such unit is located.
D. 
The minimum off-street parking areas as specified in Part 8 are provided.
E. 
The public hearing as required by § 27-1105 is held. No public hearing to consider a special exception for conversion of a structure to two or more housekeeping and/or bachelor or rooming (boarding) units shall be scheduled until lot and building plans showing the exterior and interior of the remodeled structure, and including the plans for the provision of the required off-street parking areas drawn in detail sufficient to enable the Zoning Hearing Board to make the findings as required above, are submitted to the Zoning Officer.
[Ord. 206, 2/4/1985]
Every building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
[Ord. 206, 2/4/1985]
For purposes of these regulations, "major recreational equipment" is defined as including boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like and cases or boxes used for transporting recreation equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or behind that portion of a building facing the required rear yard. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.
[Ord. 206, 2/4/1985]
Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.
[Ord. 206, 2/4/1985]
In all residential districts, no building nor any portion of a building may project into any required yard, except as provided for below:
A. 
A roofed-over, but unenclosed projection in the nature of an entry or portico, not more than four feet out from the wall of a building, shall be exempt from the requirements of its particular district when the building otherwise is in conformity. In computing the average setback, the presence of such entries and porticoes shall be ignored.
B. 
An unenclosed porch and the steps from such porch to the ground may be permitted to project into any required rear yard when the building otherwise is in conformity with the regulations for its particular district.
C. 
An unenclosed porch within any required front or side yard may be permitted as a special exception by the Zoning Hearing Board, provided that:
(1) 
The building is otherwise in conformity with the regulations for its particular district.
(2) 
The special exception would not conflict with § 27-601, "Visibility at Intersections in Residential Districts"; and,
(3) 
A minimum setback of three feet from any side lot line is maintained.
[Ord. 206, 2/4/1985; as added by Ord. 295, 11/8/2005]
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:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
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.
F. 
The business activity must not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.