A.
Proof and registration of nonconformities. It shall be the responsibility
of, with the burden of proof upon, a party asserting a nonconformity
to provide the evidence that it is lawful and preexists the effective
date of this chapter. A property owner may request a written statement
of nonconformity from the Zoning Officer after providing sufficient
evidence.
B.
Continuation. A lawful nonconforming use, structure or lot as defined
by this chapter may be continued and may be sold and continued by
new owners. Any expansion of, construction upon or change in use of
a nonconformity shall only occur in conformance with this section.
C.
Expansion of or construction upon nonconformities.
(1)
Nonconforming structure.
(a)
The Zoning Officer shall permit a nonconforming structure to
be reconstructed or expanded, provided:
[1]
That such action will not increase the severity or amount of
the nonconformity (such as the area of the building extending into
the required yard) or create any new nonconformity; and
[2]
That any expanded area will comply with the applicable setbacks
in its district and other requirements of this chapter.
(b)
In the case of a nonconforming structure which is used by a
nonconforming use, any expansion shall also meet the requirements
of this section regarding nonconforming uses.
(c)
Extension along a nonconforming setback. If an existing building
has a lawfully nonconforming building setback, additions may occur
to increase the height above such setback or to extend other portions
of the building out to the nonconforming side or rear setback line,
provided that:
[1]
The structure shall not be extended beyond the existing nonconforming
setback line;
[2]
No additional nonconformity shall be created;
[3]
The new nonconforming extension shall not be greater than 25%
of the existing floor area;
[4]
All other requirements of this chapter shall be met;
[5]
Such addition shall not be permitted for a nonresidential building
that abuts an existing principal residential use; and
[6]
This provision shall not allow a nonconforming front setback
to be extended.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot. New permitted
structures for a single permitted by right principal use and its customary
accessory uses may be constructed, reconstructed or expanded on a
nonconforming lot of record held in single and separate ownership
as a permitted by right use if minimum setback requirements are met.
(b)
Lot width. The fact that an existing lawful lot of record does
not meet the minimum lot width requirements of this chapter shall
not by itself cause such lot to be considered to be a nonconforming
lot.
(3)
Expansion of a nonconforming nonresidential use. A nonconforming
use or a building used by a nonconforming use shall not be expanded,
except in accordance with the following provisions:
(a)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(b)
Such reconstruction or expansion shall be only upon the same
lot that the nonconforming use was located upon at the time the use
became nonconforming.
(c)
The total building floor area used by a nonconforming use, or
the total land area covered by the nonconforming use, whichever is
more restrictive, shall not be increased by greater than 25% beyond
that which existed in the nonconforming use at the time the use first
became nonconforming.
[1]
The above maximum increase shall be measured in aggregate over
the entire life of the nonconformity. All expansions of the nonconforming
use and/or building that occurred since the use originally became
nonconforming shall count towards the above maximum increase.
(d)
Any expansion of a nonconforming use shall meet the required
setbacks and other requirements of this chapter.
(4)
Expansion of a nonconforming residential use. An existing nonconforming
residential use may be expanded as a permitted by right use, provided
that:
(5)
Nonconforming sign. The provisions of this chapter shall not be interpreted
to provide a right to expand or extend a nonconforming sign. Instead,
any expansions or extensions of a nonconforming sign shall comply
with this chapter.
D.
E.
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued, razed,
removed or abandoned for 12 or more months, subsequent use of such
building or land shall conform with the regulations of the district
in which it is located, except:
(a)
As provided for in the damaged or destroyed nonconformities
provisions of this section.
(2)
The applicant shall be responsible to provide evidence that the nonconformity
was not abandoned.
(3)
An existing lawful separate dwelling unit may be unrented for any
period of time without being considered abandoned under this chapter.
F.
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, a structure or land shall not revert
to a nonconforming use.
(2)
A nonconforming use may be changed to a different nonconforming use
only if permitted as a special exception by the Zoning Hearing Board.
However, special exception approval is not needed for a simple change
within an existing building from one lawful nonconforming retail store
use to another retail store use or from one lawful nonconforming personal
service use to another personal service use, provided that the proposed
different use is permitted in the district, the new use complies with
any Zoning Hearing Board conditions that applied to the previous use,
and is not more objectionable in external effects than the previous
use.
(3)
Where special exception approval is required for a change of a nonconforming
use, the Board shall determine whether the applicant has provided
sufficient proof to show that the proposed new use will be equal or
less objectionable in external effects than the preexisting nonconforming
use with regard to:
(a)
Traffic safety and generation (especially truck traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire,
hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Hours of operation if the use would be close to dwellings; and
(e)
Compatibility with the character of the surrounding area.
(4)
A nonconforming use shall not be changed to a nonconforming adult
use.
G.
District changes. Any uses, structures or lots that become nonconforming
because of a zoning district change shall be regulated under this
section regarding nonconformities.
The maximum structure height specified for each district shall not apply to antennas that meet the requirements of this chapter, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys, mechanical equipment or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of "height" in § 400-10.
A.
In general.
(1)
No lot, structure or use shall be created or developed in such a
way that it would result in another lot, building or use not being
able to meet the requirements of this chapter. This includes, but
is not limited to: setback areas, nonimpervious areas and off-street
parking areas.
(2)
Emergency access. All principal buildings shall have adequate provisions
for access by emergency vehicles and fire ladders in order to reach
all sides of a building.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Corner lots. On a corner lot, every yard abutting a street shall
be considered a front yard and each yard along a street meet the minimum
front yard setback.
(2)
Projections into required yards.
(a)
Cornices, eaves, sills or other similar architectural features,
exterior stairways, fire escapes or other required means of egress,
rain leads, chimneys, ground-mounted doors for basement access, window
awnings, chaise for heating pipes or other similar structures that
do not include space usable by persons may extend or project into
a required yard up to three feet, except as may be required within
a drainage or utility easement.
(b)
Steps, stoops, handicapped ramps, and landings necessary to
provide entrance to a building may be located within a required setback
area. Fire escapes may be located within a side or rear yard. Stoops,
fire escapes and handicapped ramps serving an existing building may
extend into a street right-of-way where necessary, if granted written
approval by the Borough Manager.
(3)
Front yard setback exception. In any district within a block containing
a lot proposed for a construction or expansion of a building, where
50% or more of the improved lots on such block frontage currently
have front yards of less depth than is currently required for that
district, and where the clear majority of such lots are already developed,
the average of such existing front setbacks shall establish the minimum
front yard depth for the remainder of the frontage.
C.
Sight clearance at intersections.
(1)
See the applicable provisions of Chapter 350 of the Code, Subdivision and Land Development, for intersections of streets.
(3)
Where a street intersects with an alley, a clear sight triangle shall
be established with one leg of the triangle 15 feet long along the
edge of the right-of-way of the street and one leg of the triangle
10 feet long along the center line of the alley, with the two legs
connected by a third longer leg.
(4)
Where two alleys intersect, a clear sight triangle shall be established
with each leg of the triangle 10 feet long along the center line of
each alley, and with the two legs connected by a third longer leg.
(5)
Within these clear sight triangles, no new sight obstruction shall
be allowed that obstructs the views of motorists of oncoming vehicle
and pedestrian traffic at a height between three feet and eight feet
in elevation. To the maximum extent feasible, this clear sight triangle
shall also be cleared of existing obstructions, such as by trimming
vegetation.
D.
Buffer yards. Buffer yards and screening complying with the following standards shall be required under the following situations. These buffer yard standards shall supersede the buffer planting requirements of Chapter 350, Subdivision and Land Development.
(1)
Buffer yard width, when required. Buffer yards shall have a minimum
width of 10 feet in the V District and 20 feet in any other district,
unless a larger width is required by another provision of this chapter.
Buffer yards shall primarily include evergreen plants screening and
shall be required in the following situations, and where otherwise
required by this chapter:
|
Buffer Yard to be Provided by the Following:
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When the Use Providing the Screening and Buffer Is:
| |||
|---|---|---|---|---|
|
a.
|
Along side and rear lot lines of any newly developed or expanded:
|
Abutting or across an alley from an existing dwelling within
a residential district, and visible from any part of such dwelling
OR
Abutting an occupied existing principal residential use, regardless
of whether or not the dwelling is within a residential district
OR
Abutting and visible from a public street
Abutting and visible from a public street
| ||
|
1)
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Principal commercial or industrial use;
| |||
|
2)
|
Area of 4 or more new off-street parking spaces;
| |||
|
3)
|
Outdoor industrial storage or loading area; or
| |||
|
4)
|
Area routinely used for the overnight parking of 2 or more tractor-trailer
trucks
| |||
|
b.
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Along front lot lines of any newly developed or expanded:
| |||
|
1)
|
Outdoor industrial storage or loading area; or
| |||
|
2)
|
Area routinely used for the overnight parking of 2 or more tractor-trailer
trucks.
| |||
(2)
Location of buffer yards.
(a)
The buffer yard shall be measured from the district boundary
line, street right-of-way line or lot line, whichever is applicable.
(b)
Plants comprising the planting screen shall not be placed within
an existing street right-of-way. However, deciduous trees may be permitted
by the Borough to be placed within a street right-of-way.
(c)
The buffer yard may include areas within a required front, side
or rear yard, or a paved setback area, provided the larger yard requirement
shall apply in case of overlap.
(3)
Characteristics of buffer yards.
(a)
The buffer yard shall be a landscaped area free of structures,
dumpsters, commercial or industrial storage or display, manufacturing
or processing activity, materials, loading and unloading areas or
vehicle parking or display.
(b)
As part of a special exception application, the applicant may
prove to the satisfaction of the Zoning Hearing Board that an alternative
method of screening will satisfactorily avoid conflicts between uses
and provide an attractive appearance. For example, the Board may approve
a decorative brick wall to be placed between a loading area and an
abutting street.
(c)
Fence. Any fence in a buffer yard shall be placed on the inside
of any required plant screening.
(4)
Planting screen.
(a)
Each buffer yard shall include a planting screen of trees or
shrubs extending the length of the lot line.
(b)
Each planting screen shall meet the following requirements:
[1]
Plant materials needed to form the visual screen shall have
a minimum height when planted of three feet. An initial height of
two feet may be used where a parking area is intended to be visible
from a street for security purposes. In addition, an average of one
deciduous shade tree, with a minimum trunk diameter of 2.5 inches
measured six inches above the ground level, shall be placed for each
50 feet of length of the buffer yard. The shade trees may be clustered
or spaced unevenly. Where street trees are approved and provided in
the right-of-way, or healthy existing trees will be preserved, those
trees may serve in place of this shade tree requirement.
[2]
Plants needed to form the planting screen shall be of such species,
spacing and size as can reasonably be expected to produce within five
years a mostly solid year-round visual screen at least six feet in
height.
[3]
The planting screen shall be placed so that at maturity the
plants will not obstruct a street or sidewalk.
[4]
The plant visual screen shall be interrupted only at:
[5]
American arborvitae and similar weak-stem plants shall not be
used to meet the buffer yard requirements. If more than 20 evergreen
plants are proposed, no more than 50% shall be of one species.
[6]
Where space allows, evergreen trees should be planted at diagonal
offsets so that there is room for future growth of the trees.
(5)
Parking lot screening. If four or more new off-street parking spaces are provided within 60 feet from a street right-of-way in the V District, a six-foot wide planting area shall be provided between the parking and the right-of-way. To provide security and oversight of the parking area from a street, species of plants shall be used that have a shorter mature height, and such plants should be trimmed to a maximum height of four feet. This provision shall not apply if a more dense buffer is required under § 400-50D(1) above.
A.
Any part of a commercial, industrial, institutional or apartment
lot which is not used for structures, loading areas, parking spaces
and aisles, sidewalks and designated storage areas shall be provided
with an all-season, well-maintained vegetative groundcover, and shall
be landscaped with trees and shrubs. Landscaped areas shall be kept
free of debris, rubbish and noxious weeds.
C.
Parking area trees.
(1)
One deciduous tree shall be required for every 10 new off-street
parking spaces.
(2)
If a lot will include 20 or more new parking spaces, landscaped areas
shall be provided within the parking area. Otherwise, the trees may
be planted around the parking area.
(3)
Trees required by this section shall meet the following standards:
(a)
Type of trees permitted. Required trees shall be chosen from
the following list of approved street trees, unless the applicant
proves to the satisfaction of the Zoning Officer or his designee that
another type of tree would shade paved areas, be resistant to disease,
road salt and air pollution and be attractive.
(b)
Quality of trees. Required trees shall be of symmetrical growth
and free of insect pests and disease.
(c)
Minimum size. The trunk diameter (measured at a height of six
inches above the finished grade level) shall be a minimum of two inches
or greater.
(d)
Planting and maintenance. Required trees shall be:
[1]
Planted in conformance with good landscaping practices, with
adequate unpaved surface around each for water and air, and
[2]
Properly protected by curbs, curb stops, distance or other devices
from damage from vehicles.
|
Types of Deciduous Trees Permitted to Meet Chapter Requirements
| |
|---|---|
|
Acer rubrum — American red maple
| |
|
Acer saccharum — Sugar maple
| |
|
Celtis occidentalis — Common hackberry
| |
|
Fagus sylvatica — European beech
| |
|
Fraxinus americana — White ash
| |
|
Fraxinus Pennsylvania — Green ash
| |
|
Ginko biloba fastigiata — Maiden hair tree (male only;
female has noxious odor)
| |
|
Gleditsia triacanthos — Thorn less locust
| |
|
Liriodendron tulipifera — Tulip poplar
| |
|
Quercus alba — White oak
| |
|
Quercus acutissima — Sawtooth oak
| |
|
Quercus borealis — Red oak
| |
|
Quercus coccinea — Scarlet oak
| |
|
Quercus macrocarpa — Bur oak
| |
|
Quercus imbricaria — Shingle oak
| |
|
Quercus montana — Chestnut oak
| |
|
Quercus velutina — Black oak
| |
|
Quercus phellos — Willow oak
| |
|
Sophora japonica — Chinese scholar tree
| |
|
Tilia americana — American linden
| |
|
Tilia cordata — Little leaf European linden
| |
|
Tilia euchlora — Crimean linden
| |
|
Tilia petiolaris — Silver linden
| |
|
Zelkova serrata — Zelkova
|
|
Note: This chapter only regulates the species of trees that
are used to meet requirements of the Borough. The species of trees
that are not required by the Code are not regulated.
|
D.
Street trees. As part of the construction of any new street by a developer or any new principal nonresidential building or any new apartment building street trees shall be required to be planted. An average of one street tree shall be planted for every 50 feet of street length. The street trees do not need to be planted at specific intervals, and may be moved to fit with utilities, driveways and other features. The street trees shall meet the requirements of Subsection C.
(1)
The trees shall be in locations approved by the Borough. These locations
may or may not be within the street right-of-way, depending upon the
circumstances of the site. If the trees are not located in the right-of-way,
they shall be placed within the yard immediately adjacent to the right-of-way.
(2)
New street trees shall not be required where existing healthy street
trees will be preserved and will serve the same purpose.
E.
Landscaping maintenance. All shade tree, buffer yard and other landscaping
required by this chapter shall be perpetually maintained by the property
owner. Any landscaping needed to meet a Code requirement that dies,
is removed, or is severely damaged shall be replaced by the current
property owner as soon as is practical considering growing seasons,
within a maximum of 150 days.
F.
Review. Where landscaping is required by this chapter, the applicant
shall submit a site plan showing proposed initial sizes, locations
and species of plantings and locations of any fencing in sufficient
detail to determine compliance with this section. Such landscaping
plan shall be provided to the Borough Planning Commission for review.
A.
Any newly placed solid waste dumpster shall be screened on all sides
as necessary to screen views from public streets and dwellings. Such
screening shall consist of decorative masonry walls, mostly solid
weather-resistant wood fencing or fencing of a similar appearance
(such as white vinyl vertical planks). Primarily evergreen plantings
are also encouraged in addition to the fence or wall. The fence or
wall shall include a self-latching door or gate.
B.
An outdoor solid waste container with a capacity of over 25 cubic
feet shall be kept the maximum distance that is feasible from any
abutting dwelling, in the determination of the Zoning Officer, provided
that the container is not in the minimum front yard. In any case,
an outdoor solid waste container shall be kept a minimum of 25 feet
from the lot lines of an abutting dwelling. A solid waste dumpster
shall not be located in a front yard.
C.
If a solid waste dumpster is moved from one part of a lot to another part of a lot, then it shall come into compliance with this § 400-52.
D.
All waste containers shall be completely enclosed, and the lid shall
be kept in place. The locations of all dumpsters shall be shown on
all site plans and land development plans submitted to the Borough.
E.
This section shall not apply to dumpsters temporarily placed during
actual construction or demolition on the premises, or for recycling
containers that do not involve garbage.
