[Ord. No. 2018-2, 11/5/2018]
No structure or land shall be used or occupied, and no structure
or part of a structure shall be erected, altered, enlarged, converted
or moved, unless in compliance with all applicable provisions and
regulations of this chapter.
[Ord. No. 2018-2, 11/5/2018]
In interpreting and applying the provisions of this chapter,
they shall be held to the minimum requirements for the protection
and promotion of the public health, safety, convenience, comfort,
morals, and general welfare of the residents of the Borough. In the
event of any conflict in the application of this chapter with other
applicable public or private provisions, the following shall apply:
1.
Public Provisions. The regulations of this chapter are not intended
to interfere with or abrogate or annul any other ordinance, rules
or regulations previously adopted or previously issued by the Borough
which are not in conflict with any provisions of this chapter. Where
this chapter imposes a greater restriction upon the use of land, structure
or building than any other previously adopted ordinance, rules, or
regulations of the Borough, the provisions of this chapter shall apply.
2.
Private Provisions. The regulations of this chapter are not intended
to interfere with or abrogate or annul any easement, covenant or other
form of private agreement or restriction, provided that where the
provisions of this chapter impose a greater restriction, the requirements
of this chapter shall govern. Where the provisions of any easement,
covenant or other form of private agreement or restriction imposes
obligations, duties and/or requirements which are more restrictive
and/or impose higher standards than the requirements of this chapter,
and such private provisions are not inconsistent with the requirements
of this chapter, then such private provisions shall be operative and
supplemental to the requirements of this chapter. Forty Fort Borough
shall not be responsible or be a party to any action intended to enforce
or carry out the terms of any private agreement or restriction, including
but not limited to easements, covenants or other forms of private
agreements or restrictions.
[Ord. No. 2018-2, 11/5/2018]
Every building or structure hereafter erected or the use of
property shall have access to or be located upon a lot adjacent to
a public or private street.
[Ord. No. 2018-2, 11/5/2018]
Accessory structures which are attached to a principal structure
shall be considered a part of the principal structure and shall comply
with the same yard and lot requirements applicable to the principal
structure.
1.
Types of Residential Accessory Structures. For residential lots,
permitted unattached accessory structures shall include but not be
limited to noncommercial greenhouses, tool or lawn sheds, private
garages or carports, private noncommercial swimming pools, gazebos,
patios, noncommercial satellite antenna dishes, solar panels or a
minor solar energy system, standalone noncommercial windmill, outdoor
wood-burning furnaces, a permanent structure utilized as an outdoor
fire pit and other similar accessory uses.
2.
Unattached Accessory Structures.
A.
Residential Accessory Structures. When the principal structure is
residential, unattached accessory structures shall only be erected
within the rear yard or side yard areas of the lot subject to the
following requirements:
(1)
The maximum height shall not exceed 15 feet. (See Part 2, definition
of "building height.")
(2)
An accessory structure shall not be located less than five feet
from a side lot line or rear lot line. In cases in which the applicable
yard area abuts another street or alley, a setback of 10 feet shall
be required.
(3)
An accessory structure shall not be located less than 10 feet
from the principal structure.
(4)
The maximum gross floor area of any accessory structure shall
not exceed the 750 square feet, for a lot which has a gross lot area
of less than 10,000 square feet. In no case, however, shall the maximum
square foot area of any accessory structure, other than a swimming
pool, exceed the square foot area of the footprint of the principal
use.
(5)
In cases when a residential structure is a nonconforming use,
located in a nonresidential zone, the proposed erection of an accessory
residential structure shall be deemed exempt from classification as
an expansion of a nonconforming use, but shall be subject to all other
applicable regulations contained within this chapter.
(6)
An accessory structure shall not be located less than 10 feet
from the principal structure.
B.
Nonresidential Accessory Structures.
(1)
When a principal use or structure is nonresidential, an unattached
accessory structure and/or use shall comply with the front yard, rear
yard and side yard setback distance applicable to the principal structure
or use for the zoning district in which it is located. However in
no case shall the minimum rear yard and/or side yard setback distances
be less than 20 feet from a property line when an adjoining lot contains
an existing residential use.
(2)
An unattached accessory structure to a nonresidential principal use and/or structure which is classified as a special exception use, shall be exempt from the otherwise applicable special exception use regulations when the proposed construction, establishment or use of the accessory structure does not exceed 750 square feet of gross floor area and complies with the required setback distances set forth above under Subsection 2B(1).
(3)
An accessory structure shall not be located less than 10 feet
from the principal structure.
3.
Outdoor Wood-Fired Boiler. An outdoor wood-fired boiler, as defined in Part 2, shall be deemed to be an accessory residential structure permitted as a special exception use, thereby requiring approval from the Zoning Hearing Board and subject to the supplemental standards as set forth in Part 8, §§ 27-801, Subsection 29, and 27-1410, Subsection 2, of this chapter. An outdoor wood-fired boiler shall only be used and/or connected as a heating source to a residential structure.
4.
Standalone Noncommercial Windmill.
A.
A freestanding standalone noncommercial windmill, as defined in Part 2, shall be deemed to be an accessory structure permitted as a special exception use, thereby requiring approval from the Zoning Hearing Board and subject to the supplemental standards as set forth in Part 8, §§ 27-801, Subsection 44, and 27-1410, Subsection 2, of this chapter.
B.
A roof-mounted standalone noncommercial windmill shall be permitted
by right in all zoning districts, subject to not exceeding the maximum
height requirement for the district in which it is located.
5.
Minor Solar Energy System.
A.
A freestanding minor solar energy system shall be deemed to be an accessory structure permitted as a special exception use in all zoning districts, thereby requiring approval from the Zoning Hearing Board and subject to the supplemental standards as set forth in Part 8, §§ 27-801, Subsection 39, and 27-1410, Subsection 2, of this chapter.
B.
A roof-mounted minor solar energy system shall be permitted by right
in all zoning districts, subject to not exceeding the maximum height
requirement for the district in which it is located.
6.
Installation and Use of Accessory Structures. Accessory structures,
including any related equipment, shall be installed and used in accordance
with the manufacturer's written recommendations.
[Ord. No. 2018-2, 11/5/2018]
On a corner lot there shall be provided on each side thereof,
adjacent to a street, a yard setback equal in depth to the required
front yard setback of the prevailing zoning district in which the
corner lot is located. This provision shall apply to both accessory
and principal structures.
[Ord. No. 2018-2, 11/5/2018]
1.
A freestanding noncommercial satellite dish or standard antenna, including amateur television and radio antennas, shall be deemed an accessory use, permitted by right in all zoning districts. Granting approval for the establishment and/or construction of a satellite dish antenna shall not restrict or imply to restrict the use or development of another zoning lot. The height of a noncommercial satellite dish antenna, including any supporting device, measured from ground level to its highest point of elevation, shall not exceed the maximum height restriction of the zoning district in which it is located. The supplemental provisions under Part 8, § 27-801, Subsection 34, of this chapter shall apply.
2.
A roof-mounted satellite dish antenna attached to a principal structure,
having a diameter not greater than three feet and installed in accordance
with the manufacturer's specifications, shall be exempted from
securing zoning approval.
[Ord. No. 2018-2, 11/5/2018]
Private noncommercial swimming pool capable of containing water
to a depth of 24 inches or greater shall be permitted as an accessory
use in any zone subject to the following:
1.
Yard Area and Setback Requirements. A private swimming pool shall
be located in either a side yard or rear yard with a minimum side
yard and rear yard setback of not less than five feet as measured
from the water's edge.
2.
In-Ground Pools. The pool or the entire property on which the pool
is located shall be enclosed with a permanent fence not less than
four feet in height, which includes a gate secured with a lock. Required
fencing shall also comply with regulations under § 403.26
of the most current version of the UCC.[1] The required fencing for an in-ground pool must be installed
upon the completion of the excavation work for said pool.
[1]
Editor's Note: See 34 Pa. Code, Chapters 401 through 405,
as amended.
3.
Aboveground Pools.
A.
Pools With Exterior Supports. An aboveground pool which is manufactured, designed and erected with supporting devices around and/or within the outer wall or edge of a pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements of § 27-307, Subsection 2, or in lieu of a fence, a barrier not less than four feet in height. Said barrier may include the pool wall and any extension thereto which equals or exceeds a height of four feet. Access into a pool which includes a deck shall be secured by a gate with a lock. Pools without access from a deck, shall include retractable steps or any similar device which prohibits uncontrolled access into the pool when not in use. Shrubbery is not to be considered as a barrier. Decks which are attached to the pool shall require a side yard and/or rear yard setback of not less than five feet.
B.
Inflatable Pools Without Exterior Supports. An aboveground pool which may be inflated and used without supporting devices around and/or within the outer wall or edge of a pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements of § 27-307, Subsection 2.
[Ord. No. 2018-2, 11/5/2018]
If a zoning district boundary line divides a lot which does
not exceed one acre in size and held in single and separate ownership
prior to the effective date of this chapter, placing 90% or more of
the lot area in a particular zoning district, the location of such
district boundary line may be construed to include the remaining 10%
or less of the lot so divided.
[Ord. No. 2018-2, 11/5/2018]
1.
The following projections shall be permitted into required yards
and shall not be considered in the determination of yard setback requirements
or building coverage:
A.
Terraces or Patios: provided that such terraces or patios are located
in the rear yard or side yard, are not under roof, without walls or
other form of enclosure and are not closer than five feet to any adjacent
lot line.
B.
Projecting Architectural Features: such as bay windows, cornices,
eaves, fireplaces, chimneys, window sills, stairways, balconies, canopies
or other similar architectural features provided that any of the aforementioned
features do not extend more than three feet into any required setback.
C.
Porches and Decks: provided such porches or decks are not under roof,
are located in the rear yard or side yard, and do not exceed 4 1/2
feet in depth and five feet in length as extended from the principal
structure.
D.
Handicapped Ramps: The installation of a handicapped ramp in any
zone, designed to provide access to handicapped persons, shall be
exempt from meeting any applicable front yard or rear yard setback
requirements, but shall have a minimum side yard setback of not less
than five feet.
E.
Retaining walls shall be set back not less than five feet from any
adjacent right-of-way.
F.
No projections shall be permitted within and/or over a public right-of-way.
[Ord. No. 2018-2, 11/5/2018]
1.
Existing Structures. In all zoning districts any area of an existing
structure already under roof can be enclosed and shall be exempt from
meeting the front, side and/or rear yard requirements subject to not
exceeding the extent of the existing roof.
2.
Exemptions Under Proposed Subdivisions. Any structure, proposed to
subdivided, containing two or more units, residential or nonresidential,
shall be exempted from the governing side yard setback requirements
under the Zoning Ordinance relative only to interior side yards where
such units are physically connected. When a side yard of a proposed
subdivision is directly attached to another unit within the structure,
subdivision approval shall exempt the property from requiring and/or
securing an interior side yard variance from the Zoning Hearing Board.
[Ord. No. 2018-2, 11/5/2018]
1.
Residential Structure as Principal Use. Any structural portion of
a residential building, such as a deck, patio, porch or similar feature
which is in need of repair to the point of replacement shall be exempt
from complying with the applicable setback requirements when all of
the following conditions exist:
A.
The use of the structure represents a use permitted by right in the
district in which it is located.
B.
There are no outstanding zoning or building code violations against
the owner of the property.
C.
The structural replacement shall be the exact same location and structural
replacement shall be the same size and height, or less, than that
which is being replaced.
D.
A photograph of the subject property, taken prior to the start of
work, must be submitted to the Zoning Officer with a completed zoning
permit application, along with any other information deemed necessary
by the Zoning Officer to process the application.
2.
Unattached Accessory Residential Structure. An unattached accessory
residential garage and/or carport or portion thereof, which is need
of repair to the point of replacement, shall be exempt from complying
with the applicable setback requirements when all of the following
conditions exist:
A.
The use of the principal structure upon the lot represents a use
permitted by right in the district in which it is located.
B.
There are no outstanding zoning or building code violations against
the owner of the property.
C.
The structural replacement shall be the exact same location and structural
replacement shall be the same size and height, or less, than that
which is being replaced.
D.
A photograph of the subject property, taken prior to the start of
work, must be submitted to the Zoning Officer with a completed zoning
permit application, along with any other information deemed necessary
by the Zoning Officer to process the application.
[Ord. No. 2018-2, 11/5/2018]
In addition to zoning approval, the improvement of one or more
contiguous lots, involving a group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenants, in addition to the applicable provisions
of this chapter, shall also be governed by the applicable provisions
of the Forty Fort Borough Subdivision and Land Development Ordinance.[1]
[Ord. No. 2018-2, 11/5/2018]
Height limitations in this chapter as so specified for each
zoning district shall not apply to church spires, belfries, cupolas
and domes, monuments, water towers, freestanding wind energy conversion
systems, support structures for tower-based wireless communication
facilities (including distributed antenna systems), chimneys, smokestacks,
flag poles, radio towers, accessory mechanical appurtenances usually
located above the roof level or to parapet walls extending not more
than four feet above the roofline of the principal building, but may
be subject any supplemental height regulation associated with a specific
use.
[Ord. No. 2018-2, 11/5/2018]
1.
Intersection of Streets. On any corner lot no visual obstruction,
including but not limited to fences, structures and/or vegetation,
exceeding a height of 2 1/2 feet, excluding street signs, utility
poles or traffic signs, shall be erected, planted and/or maintained
within the triangle formed by a line projected between two points
measured at a minimum distance of 30 feet from the intersection of
the side yard lot lines of the property which abut the public right-of-way.
2.
Private Driveways. No visual obstruction including but not limited
to fences, structures and/or vegetation, exceeding a height of 2 1/2
feet, shall be erected or maintained within the triangles formed by
a line projected between two points measured at a minimum distance
of 10 feet from the outer edge of each side of the driveway in each
direction to a depth of 10 feet along the center line of the driveway.
[Ord. No. 2018-2, 11/5/2018]
The posts and/or structural supports of a fence shall be located
within the interior yard space to be enclosed. Height measurements
for compliance with this section shall be based upon the ground elevation
directly below the fence.
1.
Residential. Fences and walls to be constructed within a residential
zoning district or upon a lot in any other type of zoning district
which contains a residential property shall be permitted according
to the following subsections:
A.
Front Yard. The maximum height of any fence or wall in a front yard
shall not exceed three feet in height above the adjacent ground level.
B.
Side and Rear Yards. The maximum height of any fence or wall located
in a side yard or rear yard shall not exceed six feet in height.
C.
Materials. All fences shall be constructed with materials recognized
by the fencing industry and designed to provide a permanent enclosure.
No barbed wire or other potentially injurious material shall be contained
upon the fence or as part of the material to construct the fence.
2.
Nonresidential. Fences to be constructed within any nonresidential
zoning district shall not exceed eight feet in height above the adjacent
ground level.
3.
Exemptions. The provisions of this section shall not be applied to
prevent the construction of a chain link in excess of 10 feet in height,
designed as an enclosure to a public park, a public playground or
similar public outdoor recreational facility.
4.
Retaining Walls. Any retaining wall which exceeds six feet in height
shall require review by the Borough's Engineer prior to the issuance
of a zoning permit or building permit. The applicant shall be responsible
for the submission of the drawings which provide the proposed design
and construction of the retaining wall. The applicant shall be responsible
for all engineering costs incurred by Forty Fort Borough for the review
of the drawings.
[Ord. No. 2018-2, 11/5/2018]
With the exception of storage yards, the provisions and regulations
of this chapter shall not apply to any existing or proposed building
or extension thereof, used or to be used by a public utility corporation
deemed necessary for the convenience or welfare of the public in accordance
with Section 619 of the Pennsylvania Municipalities Planning Code,[1] Act 247, as amended.
[1]
Editor's Note: See 53 P.S. § 10619.
[Ord. No. 2018-2, 11/5/2018]
The provision of sewage service to any proposed use and/or development
of property shall be consistent with the Borough's Act 537 Sewage
Facility Plan.
[Ord. No. 2018-2, 11/5/2018]
A manufactured home, when constructed and anchored to a permanent foundation, as defined in Part 2 of this chapter, shall be deemed to be a single-family residence.
[Ord. No. 2018-2, 11/5/2018]
The use, operation and/or condition of any property found to be a "general nuisance" as so defined in Part 2 of this chapter shall constitute a violation of this chapter and shall be subject to the violation procedures and penalties as set forth in § 27-1206, Enforcement Procedures, of this chapter.
[Ord. No. 2018-2, 11/5/2018]
Zoning approval for any proposed use and/or development of a
property, which includes the construction and/or relocation of a driveway
onto a state legislative route, a county road or a Borough road shall
be conditioned upon the applicant securing a highway occupancy permit
from the applicable entity having jurisdiction over the same.
[Ord. No. 2018-2, 11/5/2018]
Any proposed development or use of property which results and/or
requires a land disturbance shall be undertaken in compliance with
the applicable regulations of the governing Forty Fort Borough Stormwater
Management Ordinance.[1]
[Ord. No. 2018-2, 11/5/2018]
Any improvements to structures or land located within a 100
floodplain as established by FEMA shall be in compliance with all
applicable provisions and regulations of both this chapter and the
Forty Fort Borough Floodplain Management Ordinance.[1]
[Ord. No. 2018-2, 11/5/2018]
Excluding stormwater detention facilities, floodproofing structures
and/or similar devices, a minimum setback of 50 feet from any watercourse
(as defined in Part 2) shall be required in all zoning districts for
any form of development and/or improvements.
[Ord. No. 2018-2, 11/5/2018]
All outdoor lighting on private or public residential, commercial,
industrial, recreational or institutional property shall be directed,
located, designed, fitted and maintained so as not to present a hazard
to drivers or pedestrians by impairing their ability to safely traverse
(disabling glare), and so as not to create a nuisance by projecting
or reflecting objectionable light onto a neighboring use or property
(nuisance glare).
[Ord. No. 2018-2, 11/5/2018]
A use, provided for under any zoning district within this chapter, shall, in addition to all other applicable provisions of this chapter, shall also be governed by supplemental regulations applicable to such use contained within Part 8, Supplemental Regulations, of this chapter.
[Ord. No. 2018-2, 11/5/2018]
Whenever, in any district established under this chapter, a use is neither specifically permitted nor denied and an application is made by a landowner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Borough Council to hear and decide such request as a conditional use. The Borough Council shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications. The proposed use may be permitted if only if it is determined to be similar to and compatible with permitted uses in the district and in no way is in conflict with the general purposes and intent of this chapter. The burden of proof shall be upon the applicant to demonstrate that the proposed use would meet the standards and criteria for a conditional use as contained in Part 7 of this chapter and would not be detrimental to the public health, safety and welfare and/or environmental features and characteristics of the site and/or surrounding areas.
