The purpose of this Part is to identify certain regulations
and standards that are either common to all zoning districts or applicable
to more than one district.
1.
No building or structure or part thereof shall hereafter be erected,
constructed, or altered, and no new use or change shall be made or
maintained of any building, structure, land, or part thereof except
in accordance with this chapter.
2.
Every principal building shall hereafter be built on a lot with frontage
on a public or private street.
3.
No lot or premises shall hereafter be subdivided or reduced in area
or size in any manner so as to violate the provisions of this chapter.
4.
Only one principal use shall be placed, erected, or operated on a
lot.
No principal building or part thereof shall be erected within
or project into any required yard in any district, except for unenclosed
porches, decks, one-story bay windows, eaves, chimneys, balconies,
fire escapes, buttresses, cornices, or steps, and none of these, except
unenclosed decks or similar projects, shall encroach more than three
feet into any required yard. In the Residential District, such unenclosed
decks may extend not more than seven feet into required rear yards.
1.
On any corner lot, no wall, fence, or other structure shall be erected
or maintained and no hedge, tree, shrub, or other growth shall be
planted, grown, or maintained which may cause danger to vehicular
traffic by obscuring the view or in any other way pose a danger to
vehicular and pedestrian traffic.
2.
Where a lot is located at the intersection of two streets, no obstruction
of any kind whatsoever of a height greater than 36 inches shall be
maintained or permitted within a sight triangle, the legs of which
shall be 15 feet measured from the intersection of the curblines at
the corner.
3.
The Borough shall have the right to declare any obstruction to vision
within the line of the sight triangle a safety hazard and shall direct
the owner of the property to have it removed. If the owner fails to
do so within 30 days after written notice, the Borough shall remove
the obstruction and bill the owner and lien the property for the expense
involved.
1.
No accessory structures may be placed in front of the principal building.
2.
On corner lots, accessory structures shall be placed no closer to
the side street than the principal building.
3.
Except for decks and fences, there shall be a distance of not less
than three feet between an accessory structure and a side or rear
lot line.
4.
Accessory structures shall not exceed 15 feet in height.
5.
In the Residential District, not more than one storage shed shall
be placed on a lot. No storage shed shall exceed 100 square feet.
6.
Accessory structures shall not be used for permanent or temporary
human habitation.
7.
No storage shall be allowed in front yards.
8.
With the exception of decks and fences, there shall be a distance
of not less than 10 feet between the principal building and an accessory
structure.
1.
No-impact home-based businesses shall be permitted as an accessory
use in the Residential District.
2.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
3.
The business shall employ no employees other than family members
residing in the dwelling.
4.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
5.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, or lights.
6.
No on-site parking of commercially identified vehicles shall be permitted.
7.
The business activity may not use any process or equipment which
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference with radio or television reception which is detectable
in the neighborhood.
8.
The business activity may not discharge any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
9.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
10.
The business may not involve any illegal activity.
1.
Decks or porches located at the rear or side of a dwelling shall
be placed not less than seven feet from the lot line or from the edge
line of a common driveway or alley at the side or rear of the dwelling.
2.
The deck shall be placed not less than one foot from the party wall
of a twin or row dwelling. This setback is needed for access and maintenance.
4.
In an area where motor vehicles may park or drive, elevated decks
or porches shall have support posts constructed of concrete-filled
steel columns which shall be at least four inches wide and are fastened
into footings not less than six inches wide.
5.
After a zoning permit is issued for a deck or porch, no change in
plans regarding setbacks, dimensions, or heights is permissible without
first receiving written permission from the Zoning Officer.
6.
Prior to constructing a deck or porch, a zoning permit must be obtained
from the Zoning Officer, and a building permit must be obtained from
the Building Inspector.
7.
All materials used in the construction of a deck or porch shall comply
with the most recently adopted Uniform Construction Code.
1.
Satellite antennas shall be considered as a permissible accessory
use in all zoning districts.
2.
Satellite antennas may be attached to or placed on top of a building
or may be placed in one of the yards.
3.
The diameter of a satellite antenna shall not exceed three feet in
the Residential District and nine feet in the Commercial District.
4.
When separately supported, the total height of the satellite antenna
in the Commercial District shall not exceed 12 feet.
5.
The satellite antenna shall be located not closer than eight feet
to the property line.
6.
Where possible, roof-mounted antennas shall be located on a portion
of the roof sloping away from the front of the lot, and no part thereof
shall project above the ridgeline.
7.
All wiring for ground-based antennas shall be underground.
8.
The satellite antenna shall be of a color that blends with the surrounding
landscape.
9.
All satellite antennas shall be adequately grounded for protection
against a direct strike of lightning.
10.
No more than one satellite antenna shall be permitted on any lot.
11.
Before the erection of any such satellite antenna, a building permit
must be applied for and issued by the East Lansdowne Borough Building
Inspector.
1.
Swimming pools shall not be located in the front yard. They may be
located in the side yard, provided that there exists a distance of
not less than 15 feet between the pool and the side property line.
Also, no pool on a corner lot shall be located closer to the side
street than the principal building.
2.
No private swimming pool shall be located closer than 10 feet to
a rear property line or eight feet to a cellar or basement. Accessory
buildings, such as locker rooms, bathhouses, cabanas, shower rooms,
and toilets, and other physical facilities or equipment incident to
the operation of any private swimming pool shall conform to the requirements
of this chapter and the Borough Building and Plumbing Codes.[1]
3.
Every private swimming pool shall be completely surrounded by a fence,
which shall be not less than six feet in height. Such fence shall
be erected around the entire perimeter of the pool. However, the house
or other building may serve as the safety barrier on one or more sides
of the pool.
4.
All fences around pools shall have a self-locking gate and shall
be of a design to adequately prevent unauthorized children or animals
from entering the pool area.
5.
No swimming pool shall be located under electric lines.
6.
Pool lighting fixtures shall be placed, directed, or shielded to
protect neighboring properties from glare.
7.
Every private swimming pool constructed, installed, established,
or maintained in the Borough of East Lansdowne shall at all times
comply with any requirements of the local Board of Health. Any nuisance
or hazard to health which may exist or develop in or in consequence
of or in connection with any such private swimming pool shall be abated
and removed by the owner, lessee, or occupant of the premises on which
said pool is located within 10 days of receipt of notice from the
Building Inspector or Health Officer of the Borough of East Lansdowne.
It shall be the duty of the Building Inspector and the Health Officer,
respectively, or their authorized assistants to enforce the provisions
of this subsection.
8.
The Building Inspector and/or Health Officer or any of their assistants
or deputies shall have the right to enter any premises or any building
or other structure for the performance of their duties to ascertain
compliance with this section.
Family-based community residence facilities shall be permitted
by right in the Residential District, subject to the following requirements:
1.
Supervision on a twenty-four-hour basis shall be available by adults
qualified in the field for which the facility is intended.
2.
Each facility must receive all pertinent approvals and/or licenses
from the appropriate state agencies prior to final approval of the
application.
3.
No facility shall be located less than 500 feet from another facility,
measured from the property lines.
4.
All other applicable requirements of this chapter and the Building
Code, Fire Code, and all other applicable Borough codes and state
regulations and statutes shall be met.
5.
All facilities will be available for reasonable periodic inspections
by the Code Enforcement Officer.
6.
A record of all facilities and their locations shall be maintained
by the Code Enforcement Officer.
7.
The operator of the facility must register annually with the Code
Enforcement Officer and provide the following information:
1.
Fences and walls in the Residential District will be subject to the
following provisions:
|
Location
|
Maximum Height
(feet)
|
Materials
|
|---|---|---|
|
Front yard
|
3
|
Brick
|
|
Side and rear yard
|
6
|
Ornamental iron
|
|
Ornamental aluminum or steel designed to look like iron
| ||
|
Rear yard adjacent to a street
|
4
|
Stone
|
|
Wood in the form of a picket fence
| ||
|
Vinyl designed to look like wood in the form of a picket fence
| ||
|
Vinyl designed to look like iron
|
2.
In the Commercial District, no fence, wall, hedge, or similar growth
shall exceed six feet in height.
3.
All fences or walls shall be erected 1/2 foot inside the property
line, provided that said fences or walls may be erected on a joint
property line with the consent of both owners.
4.
The fence shall be installed so that the finished side faces toward
the outside of the property.
5.
Hedges and other plantings, whether or not they constitute a fence,
shall be trimmed so as not to grow out over sidewalks, streets, or
adjoining properties.
6.
Before erecting a fence, a permit must be obtained from the Zoning
Officer, as required in Part 12.
1.
Unless specifically stated otherwise for a particular district, all
refuse shall be placed in closed, vermin-proof containers.
2.
In the case of multifamily buildings, all refuse receptacles shall
be effectively screened from the view of residents and from public
streets and sidewalks by means of a fence, wall, or plantings. All
such receptacles shall be placed on the property responsible for the
refuse.
Multifamily dwellings and nonresidential buildings shall be
properly lighted to assure safe driving conditions at night as well
as the security and safety of residents and patrons. All lighting
shall be designed to protect neighboring properties from glare.
1.
A planted visual screen, as defined in Part 2, shall be provided
and maintained under the following circumstances. In case of conflict
between a regulation in this Part and that in any individual district,
the regulation in the individual district shall prevail.
A.
When a commercial or industrial structure is constructed or extended
adjacent to an existing residential use or district.
B.
When a multifamily or townhouse structure or addition thereto is
proposed to abut an existing single-family detached dwelling.
C.
Where any proposed institutional use or an expansion of an existing
industrial use abuts an existing residential use or district.
D.
Any other instance where screening is required by this chapter, by
the Borough, or by the Zoning Hearing Board.
2.
A privacy fence, subject to § 27-610 of this Part, may be substituted for a planted visual screen only when there is insufficient area to provide a planted visual screen.
3.
Screening shall comply with the following requirements:
A.
The planted visual screen shall consist of species indigenous to
the area so as to provide a year-round visual barrier.
B.
Such screens shall incorporate earthen mounds or berms, where possible,
to improve sound as well as visual buffering.
C.
Plants shall be at least six feet high when planted, and no plantings
shall be placed closer than five feet to the property line.
D.
Placement of screening material shall not obscure sight lines at
intersections.
E.
All mechanical equipment not enclosed in a structure shall be fully
and completely screened and landscaped in a manner compatible with
the style of the buildings on the site.
4.
Upon a recommendation of the Planning Commission, an opaque privacy
fence or wall may be substituted for the planted screen required above.
Such alternate screening must be constructed and placed so as to clearly
provide an effective visual barrier.
1.
General Regulations.
A.
Any part or portion of a site which is not used for buildings or
other structures, loading and parking spaces, aisles, sidewalks, and
designated storage areas shall be planted and maintained with landscaping.
Maximum advantage shall be taken of existing trees and shrubs in landscaping.
B.
All landscaped planting areas shall be planted with grass seed, sod,
or other ground cover and shall be maintained and kept clean of all
debris, rubbish, weeds, and tall grass; provided, however, that if
such land is naturally wooded, it may continue in its natural state.
C.
Unless otherwise specified, landscaped planting areas may be part
of the required front, side, and rear yards.
D.
Except for single-family and two-family dwellings, any part or portion
of a site which is not used for loading and parking spaces, aisles,
sidewalks, and designated storage areas shall be landscaped according
to an overall plan prepared and approved as part of the development
plan or shall be left in its natural state. A replacement program
for nonsurviving plant material should be included.
2.
Landscaping Plans.
A.
Landscaping shall be installed and maintained in accordance with
a landscape plan approved by Borough Council. The landscape plan shall
depict all proposed plantings which relate to, complement, screen,
or accentuate buildings, roads, parking areas, sidewalks, walkways,
sitting areas, service or maintenance structures, courtyards, and
other site features.
B.
The landscaping plan shall be coordinated with the development plan
and shall show the location, type, size, height, and other characteristics
of the proposed landscaping.
C.
The plan shall be accompanied by or shall include information regarding
the continued maintenance of plantings, indicating that all plantings
will be replaced, if damaged, diseased, or dead, in locations shown
on the approved plan.
3.
Specific Requirements.
A.
For every new building or alteration or expansion erected after the
effective date of this chapter, landscaping shall be provided as noted
below.
B.
Unless specifically stated otherwise in the specific zoning district,
landscaping shall be provided as required below:
|
Zoning District or Use
|
Minimum Landscaping Requirements
|
|---|---|
|
Commercial District
|
2 shrubs, which may be placed in planters in front of the principal
building
|
In the event that multifamily dwellings are converted or developed
as condominiums, such condominiums shall be owned and operated in
accordance with the Pennsylvania Uniform Condominium Act of 1980,
as amended.[1]
[1]
Editor's Note: See 68 Pa. C.S.A. § 3101 et
seq.
In determining if a proposed use is of the same general character
as the listed uses, the Borough Council and the Planning Commission
shall consider the compatibility standards listed below:
1.
Type and volume of sales, retail or wholesale activity, size and
type of items sold, and nature of the inventory on the premises.
2.
Extent of processing, assembly, warehousing, shipping, and distribution
done on the premises of any dangerous, hazardous, toxic, or explosive
materials used in the processing.
3.
The nature and location of storage and outdoor display of merchandise
and the predominant items stored.
4.
The type, size, and nature of buildings and structures supporting
the use.
5.
The number of employees and customers in relation to business hours
and employment shifts.
6.
The business hours the use is in operation or open for business,
ranging from seven days a week, 24 hours a day to several times a
year.
7.
The transportation requirements for people and freight, by volume,
type, and characteristics of traffic generation to and from the site,
trip purposes, and whether trip purposes can be shared with other
uses on the site.
8.
Parking characteristics, turnover and generation, ratio of the number
of spaces required per unit area or activity, and potential for shared
parking with other uses.
9.
The tendency for attracting or repelling criminal activities to and
from or on the premises.
10.
The amount and nature of nuisances generated on the premises, such
as noise, smoke, odor, glare, vibration, radiation, and fumes.
11.
Any special public utility requirements for serving the use, such
as water supply, wastewater output, pretreatment of wastes and emissions
recommended or required, and any significant power structures and
communication towers or facilities.
1.
Construction/office trailers, as defined in Part 2, may be temporarily
placed at or near a work or construction site only after acquiring
a permit from the Borough that shall be effective for not more than
90 days. The applicant may then apply for another permit.
2.
Such trailers shall be prohibited in the Residential and Commercial
Districts except for those used at new construction sites.
3.
Such trailers shall be removed from the site within five days after
completion of the construction or other work activity that was the
basis for permitting the placement of the temporary trailer.
4.
In the Commercial District, office/storage trailers shall require
a permit from the Borough only if they are placed or intended to be
placed within 200 feet of the right-of-way line of a public street.
Such permits shall be effective for one year.
5.
Nothing in this section shall be construed to prohibit the parking
of recreational trailers or similar vehicles in private garages or
driveways.
Small collection facilities are subject to the following requirements:
1.
Small collection facilities shall be located no less than 20 feet
from the right-of-way line of a public street.
2.
Trash and debris shall be cleaned up on a daily basis.
3.
The name and phone number of the person responsible for the collection
facility shall be displayed on containers.
4.
Areas where collection facilities are located shall be adequately
lit and well kept.
5.
Small collection facilities shall be placed only on public land held
by the Borough of East Lansdowne.
Family day-care homes are subject to the requirements of § 27-506.
