This Part contains general regulations which apply to several
or all zoning districts and which do not require special action of
the Planning Commission (except for subdivision review) or special
exception uses or variances by the Zoning Hearing Board.
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DIMENSIONAL REQUIREMENTS
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The dimensional requirements for each district pertaining to
minimum lot area, minimum lot width, minimum yards, maximum height
and maximum building coverage are specified in Part 5 for permitted
uses and Part 10 for special exception uses.
The lot area and yards required for any new building or use
shall not include any part of a lot that is required by any other
building or use to comply with the requirements of this chapter. No
required lot shall include any property, the ownership of which has
been transferred subsequent to the effective date of this chapter,
if such property was a part of the area required for compliance with
the dimensional requirements applicable to the lot for which the transfer
was made.
Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than is specified, except as may be permitted by § 27-605.
[As amended by Ordinance 646, 4/13/1988, § 4; and by Ordinance 829, 12/18/2002]
1.
Front Yard Exceptions for Corner Lots. Where an unimproved corner
lot is situated adjacent to two improved lots, then the front and
side yards of the corner lot which abut the street right-of-way may
be reduced to a depth equal to the respective front yards of the adjoining
lots provided, however, that each yard may not be reduced to below
10 feet.
2.
Front Yard Exception. When an unimproved lot is situated between
two improved lots, each having a principal building within 20 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 10 feet.
3.
Front- and Rear- Yard Exception. In the C-2 zoning district, parking
structures with more than one parking level may reduce the front and
rear setbacks to zero feet provided a minimum of a four foot pedestrian
walkway is provided along the adjoining street or vehicular way.
4.
Projections into Yards. Projections into required yards shall be
permitted as follows:
A.
Bay windows, fireplaces, fire escapes, uncovered stairs and landing,
balconies and cornices, canopies, eaves and 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.
B.
Uncovered patios or porches, terraces, steps or other similar features
not over three feet high above the level of the floor of the ground
story may be located in the required side and rear yards not closer
than three feet to any adjacent property line, and may project into
front yards not closer than 10 feet to the street right-of-way line.
5.
Height Limitations — District height limitations shall not
apply to church spires, belfries, cupolas, domes, monuments, water
towers, chimneys, smokestacks, silos, flag poles, radio and TV towers,
masts and aerials, public utility poles and towers, and parapet walks
which extend not more than four feet above the limiting height of
the building. Also solar and communication devices shall be exempt
from height limitations.
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UNIQUE LOT AND BUILDING LOCATIONS
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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.
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 § 27-606 and § 27-608 of this chapter.
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.
1.
Corner Lots at Street Intersections — No obstruction to vision
(other than an existing building, post, column, public utility pole
or tower, or trees) exceeding 30 inches above street grade shall be
erected 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, each located
30 feet from the street intersection. All plant materials shall be
kept trimmed to insure uninterrupted vision for motor vehicle traffic.
2.
At each point where a private accessory intersects a public street
or road, a clear-sight triangle of eight feet measured from the point
of intersection of the street line and the edge of the accessory,
shall be maintained, within which vegetation and other visual obstructions
shall be limited to a height of not more than 30 inches above the
street grade.
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ACCESSORY STRUCTURES AND USES
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[As amended by Ord. 910, 12/2/2009, § 4; by Ord. 950, 10/20/2011]
All accessory structures shall conform with the minimum yard
regulations established in Part 5, except as permitted below:
1.
Unattached Structures Accessory to Residential Buildings —
Structures accessory to residential buildings which are not attached
to a principal structure may be erected within the required side and
rear yards of a principal structure provided that they conform with
the following:
A.
Maximum Height. 1-1/2 stories or 15 feet in height.
B.
Distance from Side Lot Line — Not less than four feet from the side lot line, except in the case of corner lots where the full side yard as specified in § 27-609 shall be maintained.
C.
Distance from Rear Lot Line — Not less than four feet from
the rear lot line.
D.
Distance from Principal Structure — Not less than 10 feet from
any principal structure, including a principal structure, on an adjoining
lot.
2.
Unattached Structure Accessory to Nonresidential Buildings —
Accessory structures shall comply with front and side yard requirements
for the principal structure and shall have a minimum rear yard of
at least 10 feet.
3.
Fences and Retaining Walls — Unless specifically noted the
setback provisions of this chapter shall not apply to fences.
A.
No fence may be more than six feet in height above the average natural
grade.
B.
No fence shall contain barbed wire or other injurious materials.
C.
Walls other than retaining walls shall not be permitted as fences
in any residential zoning district.
4.
Antenna, Standard (includes amateur radio antenna):
A.
A standard antenna is permitted by right in all districts as an accessory
use.
B.
A standard antenna, including its supporting structure, shall have
a maximum total height above the average surrounding ground level
of 35 feet, or 15 feet above the top of the building to which the
antenna is attached, whichever is less restrictive, except that an
amateur radio antenna may have a maximum total height of 75 feet.
C.
An antenna shall be properly anchored to resist high winds.
D.
A freestanding standard antenna shall meet the minimum setbacks that
apply to an accessory building.
[As amended by Ord. 608, 3/13/1985; by Ord. 646, 4/13/1988, § 5]
A single home occupation per dwelling unit is permitted as an
accessory use to a residential structure, provided that such home
occupation shall be conducted only by the residents of the dwelling
unit who may not employ more than one additional nonresident person
and that the only external evidence of the home occupation shall be
a sign not exceeding 1 1/2 square feet in area.
1.
A home occupation shall occupy no more than 25% of the floor area
of the dwelling unit.
2.
No display of products and no mechanical or electrical equipment
associated with the home occupation shall be visible from the exterior
of the building.
3.
Home occupation shall be clearly incidental and secondary to the
use of the dwelling unit for residential purposes, and shall be restricted
to professional offices, the training and tutoring of up to four adults
in small classes, care and education of children numbering more than
three and not more than six, in-home child care services limited to
more than three and no more than six children who are not related
by blood, adopted or agency placed for foster care, custom dress making,
millinery or tailoring, beauty salons, and rooming or boarding of
not more than four persons.
4.
Prior to the use or occupancy of any land or building or for any change of use of any existing building or for any change or use of land, as a home occupation, a Home Occupation Permit shall be secured from the Zoning Officer. The purpose of a Home Occupation Permit is to certify that the premises comply with the provisions of this ordinance [this chapter] and may be used for the purposes set forth in the Home Occupation Permit subject to the standards established in § 27-612 hereof, and subject to compliance with any building code adopted in the Borough. With respect to in-home child care services, the applicant must exhibit any appropriate license or certificate issued by the Commonwealth of Pennsylvania. A copy of the Home Occupation Permit shall be kept upon the premises, and shall be displayed on request made by the Zoning Officer or other enforcement officer of the municipality.
5.
Every person having a home occupation in his/her residence shall provide one off-street parking space for the nonresident employee, if any. In addition, every person having a home occupation in his/her residence shall provide the same number of off-street parking spaces required for that use (profession or business) by § 27-701 of this Chapter 27, provided the required off-street parking spaces may be provided off-lot if located within 300 feet of the home occupation site.
Home gardening and accessory structures used for nurseries or
as greenhouses, are permitted in residential areas, provided they
are used by the residents for noncommercial purposes and provided
further that they shall not include the outdoor storage of equipment
and supplies.
A single private outdoor swimming pool per dwelling unit is
permitted as an accessory use to a residential structure provided
that such swimming pool is for the private use of the residents of
the dwelling unit or for their guests. Such pool may be located within
the required rear yards for the district in which the pool is to be
located except that no portion of the body of water in the pool shall
be located closer to the property line than four feet and no portion
of any walks or accessory pool appurtenances surrounding the body
of water shall be closer than two feet to any property line.
1.
Fences Around Pools. All pools shall be surrounded and enclosed by
a four-foot high fence structurally suitable to deter direct access
to the body of water in the pool. Such a fence shall not have openings,
holes or gaps therein larger than four inches in width, no larger
than four inches in length except for doors or gates; provided, however,
that if a picket fence is erected or maintained, the horizontal dimensions
shall not exceed four inches, provided, further, that a dwelling house
or accessory building may be used as a part of such a fence.
All gates or doors opening through such enclosures shall be
equipped with a self-closing and self-latching device designed to
keep, and capable of keeping, such door or gate securely closed at
all times when not in actual use; provided, however, that the door
of any dwelling occupied by human beings and forming any part of the
enclosure hereinabove required, need not be so equipped.
Fences shall be constructed of weather resistive materials and
shall be assembled or fabricated with sufficient rigidity to prevent
any substantial alterations or deformation of the lawful openings,
holes or gaps.
The sides of a pool constructed above the ground level shall
be considered to meet the requirements for a fence preventing direct
access to the pool provided that such sides of the pool are at least
four feet high and provided further that any stairs, steps or ladders
used to reach the water surface of the pool shall be removable or
capable of being folded up or secured in such a way which will prevent
their use when the pool is not in operation by the residents of the
property or their guests.
Any pool whose body of water is closer than six feet to a property
line shall be shielded by a six-foot high privacy fence, hedge or
other suitable visual obstruction which shall serve to screen the
pool from the adjoining property. Such a privacy fence may also serve
as the fence required to deter direct access to the body of water
as required herein if it conforms with the other requirements of this
section.
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DEVELOPMENT DESIGN REQUIREMENTS
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1.
The size of lots specified in Part 5 shall apply in all cases except
where such lots are not served with public sewer and/or water facilities.
In such cases, the Zoning Officer shall require the owner or applicant
to make such tests as are needed to determine the adequacy of the
lot for on-site sewage treatment. All such tests must be conducted
under the auspices of a Sewage Enforcement Officer licensed by the
Pennsylvania Department of Environmental Resources.
2.
The Zoning Officer shall review the findings of the tests and submit
them to the Zoning Hearing Board which shall make a final decision
on the adequacy of the lot size for the proposed development. The
Zoning Hearing Board may request the applicant to submit any additional
information needed to make a determination. The Board shall consult
with the Borough Engineer prior to making a final determination on
the application.
In order to encourage the sound development of highway frontage
and to minimize traffic congestion and hazard, the following special
provisions shall apply:
1.
All areas for off-street parking, off-street loading and unloading,
and the storage or movement of motor vehicles shall be physically
separated from the highway or street by a raised curb, planting strip,
wall, or other suitable barrier against unchanneled motor vehicle
entrance or exit, except for necessary accessways or access roads
which supply entrance to and egress from such parking, loading or
storage area. All parking areas or lots shall be designed to prohibit
vehicles from backing out on the street, and the capacity of each
lot shall provide adequate storage area and distribution facilities
upon the lot to prevent back-up of vehicles on a public street while
awaiting entry to the lot.
2.
Each use with less than 100 feet of frontage on a public street shall
have not more than one accessway to each such street, and no business
or other use with 100 feet or more of frontage on a public street
shall have more than two accessways to any one street for each 300
feet of frontage. Where practicable, access to parking areas shall
be provided by a common service driveway or minor street in order
to avoid direct access to a major street.
3.
In the case of a shopping center, or a similar grouping of buildings
on a lot, and in any other case where practicable:
A.
All buildings shall front upon a marginal street, service road, common
parking lot or similar area and not directly upon a public street;
B.
All points of vehicular access to and from a public street shall
be located not less than 200 feet from the intersection of any public
street lines with each other, provided, however, that such a point
of vehicular access, which in effect, converts a "T" intersection
into an intersection of two streets which cross one another, shall
be permitted;
C.
Provision shall be made for safe and efficient ingress and egress
to and from public streets and highways serving the center, or other
unified development, without undue congestion to, or interference
with normal traffic flow within the Borough;
D.
All streets and accessways shall conform to the specifications determined
by the Borough Engineer and the requirements of the Borough of Stroudsburg
Subdivision Ordinance. Provision shall be made for adequate signalization,
turn, standby and deceleration lanes, and similar facilities where
desirable.
4.
All driveways, aisles, maneuvering spaces, vehicular service areas
or spaces between or about buildings, other than those related to
a dwelling shall be adequately illuminated during night hours of use.
Adequate screening shall be provided along the side and rear
boundaries of any manufacturing or commercial use or of any off-street
parking or loading area for more than five vehicles which abut a residential
or institutional use or along the boundaries of any other use where
such screening is required.
1.
Nonresidential uses existing at the time of passage of this chapter
which are not conducted in a completely enclosed building and open
construction, storage, and junk yards shall be screened in accordance
with the provisions of this section.
2.
Screening shall consist of a visual screen or obstruction of sufficient
height, but not less than six feet high, to effectively obscure the
area being screened from adjoining uses. Such a screen or obstruction
shall consist of a suitable fence or wall or of appropriate planting
materials such as shrubs, hedges or trees located within a buffer
strip having a minimum width of five feet. Such fence, wall or planting
materials shall be maintained in good condition without any advertising
thereon. Any space between such fence, wall or planting materials
and adjoining lot line shall be attractively surfaced and/or landscaped
with grass, hardy shrubs or evergreen ground cover and maintained
in good condition.
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GENERAL PERFORMANCE STANDARDS
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All uses and activities established after the effective date
of this chapter, unless otherwise indicated, shall comply with the
following standards:
1.
Noise. The sound level of any operation (other than outdoor athletic
facilities and the operation of motor vehicles or other transportation
facilities, operations involved in the construction or demolition
of structures, emergency alarm signals or time signals) shall not
exceed the decibel levels in the designated octave bands as stated
below. The sound-pressure level shall be measured with a Sound Level
Meter and an Octave Band Analyzer that conform to specifications published
by the American Standards Association (American Standard Sound Level
Meters for Measurement of Noise and Other Sounds, Z 24, 3-1944, American
Standards Association, Inc., New York, New York, and the American
Standard Specification for Octave-Band Filter Set for the Analysis
of Noise and Other Sounds, Z 24, 10-1953, American Standards Association,
Inc., New York, New York, shall be used).
The maximum permissible sound-pressure levels for smooth and
continuous noise shall be as follows (all of the decibel levels stated
below shall apply in each case):
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Frequency Band
(Cycles per Second)
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Maximum Permitted Sound-Pressure Level
(Decibels)
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|---|---|---|
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0 — 150
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67
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150 — 300
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59
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300 — 600
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52
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600 — 1,200
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46
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1,200 — 2,400
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40
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2,400 — 4,800
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34
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Above 4800
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32
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If the noise is not smooth and continuous or is radiated during
sleeping hours, one or more of the corrections shall be added to or
subtracted from each of the decibel levels given above.
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Type of Operation or Character of Noise
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Correction in Decibels
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|---|---|---|
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Noise occurs between the hours of 10:00 p.m. and 7:00 a.m.
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3
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Noise occurs less than 5% of any one-hour period
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+5
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Noise is of periodic character (hum, scream, etc.), or is of
impulsive character (hammering, etc.). (In the case of impulsive noise,
the correction shall apply only to the average pressure during an
impulse, and impulse peaks shall not exceed the basic standards given
above).
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2.
Smoke, Dust, Fumes, Gases, Odors, Mists, Vapors and Pollens. The
emission of smoke, dust, fumes, gases, odors, mists, vapors, pollens
and similar matter, or any combination thereof, which can cause any
damage to human or animal health or vegetation, or to other forms
of property, or which can cause any soiling or staining of persons
or property at the point beyond the lot line of the use creating the
emission is prohibited. Standards concerning such emissions shall
be in accord with the rules and regulations of the following source:
The Air Pollution Control Act, the Act of January 8, 1960, P.L. 2119,
as amended 35 P.S., Article 4001, et seq.
3.
Heat and Glare. Any operation producing glare and/or heat shall be
performed within an enclosed building or in such a manner as not to
be visible or to produce any effect beyond the property line of the
lot on which the operation is located.
4.
Vibrations. No use shall cause earth vibrations or concussions detectable
beyond its lot lines without the aid of instruments with the exception
of that vibration produced as a result of construction activity.
5.
Electric, Diesel, Gas or Other Power. Every use requiring power shall
be so operated that the service lines, substation or other facilities
shall conform to the highest safety requirements, and shall be so
constructed and installed as to be an integral part of the architectural
features of the plant and, except for essential poles and wires, shall
not extend into any yard and shall be suitably screened from streets
or any adjacent property which would be deleteriously affected by
such installations.
6.
Storage and Waste Disposal. The following general regulations shall
apply to the storage of materials and the disposal of materials:
A.
No highly flammable or explosive liquids, solids, or gases shall
be stored in bulk above ground, except tanks or drums of fuel directly
connecting with energy devices, heating devices, or appliances located
and operated on the same lot as the tanks or drums of fuel.
B.
All outdoor storage facilities for fuel, raw materials and products;
and all fuel, raw materials and products stored outdoors shall be
enclosed by an approved safety fence.
C.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces, nor shall any substance which can contaminate a stream
or watercourse or otherwise render such stream or watercourse undesirable
as a source of water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream or watercourse.
D.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers which are adequate to eliminate such hazards.
[Added by Ord. No. 1131, 7/19/2022]
1.
The creation of a zero-lot-line home or a condominium shall have
restrictive covenants or condominium instruments approved by the Borough
Solicitor and Council that address matters of mutual concern between
the dwelling units. The declaration of covenants and restrictions
shall be approved prior to recording of such documents, and prior
to final plat approval for any portion or phase of the development.
The restrictive covenants shall be filed with the Codes Office prior
to the issuance of any permit to split two-family dwellings into zero-lot-line
homes or creation of a condominium or conversion condominium.
2.
The matters of mutual concern must address, at a minimum, the following
matters:
A.
Share of Repair and Maintenance. The cost of reasonable repair and
maintenance of each party wall shall be shared by the owners who make
use of the wall in proportion to the use.
B.
Destruction by Fire or Other Casualty. If a party wall is destroyed
or damaged by fire or other casualty or by physical deterioration,
any owner who has used the wall may restore it, and shall have an
easement over the adjoining dwelling unit for the purposes of making
such restoration, and if other owners thereafter make use of the wall,
they shall contribute to the cost of restoration thereof in proportion
to such use without prejudice, however, to the right of any such owner
to call for a larger contribution from other owners under any rule
of law regarding liability for negligent or willful acts or omission.
C.
Right of Contribution Runs with Land. The right of any owner to receive
any contribution from any other owner under this section shall be
appurtenant to the lot and shall pass to such owner's successors
in title.
D.
Encroachment. If any portions of a dwelling unit or any lot shall
actually encroach upon any other lot within the properties, or if
any such encroachment shall hereafter arise because of settling or
shifting of the building or other cause, there shall be deemed to
be an easement in favor of the owner of the encroaching dwelling unit
to the extent of such encroachment so long as the same shall exist.
E.
Easements. Easements shall be provided across zero lot lines where
necessary for water, sewer, and utility services.
F.
Mechanics' Liens. Each owner of a dwelling unit agrees to indemnify
and hold harmless the owner of an adjoining dwelling unit for any
mechanics' liens arising from work done or material supplied
to make repairs or replacements for which the defaulting owner is
responsible.
G.
Insurance; Replacement. Each owner shall maintain fire and extended
coverage insurance on their dwelling unit to the full replacement
value/construction cost thereof, and, in the event of damage to or
destruction of their dwelling unit, shall restore it to the condition
in which it was prior to the damage or destruction.
H.
Maintenance. Each owner of a dwelling unit shall maintain their lot
and the exterior of their dwelling unit in good condition and repair
and in a neat and clean condition.
I.
Architectural Control. The owner of a dwelling unit may replace exterior
components of the other owner's dwelling unit with similar components
of the same design and color, and may paint the exterior of the owner's
dwelling unit with paint of the existing color of the exterior, but
the owner may not, either in the course of ordinary replacement or
remodeling or restoration after damage or destruction, employ different
siding or roofing material or a different color scheme, without the
written consent of the owner of the adjoining dwelling unit, nor without
a HARB COA if applicable.
