The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations.
Essential services, as defined in this chapter,
shall be permitted in all districts, subject to restrictions approved
by the Planning Commission with respect to use, design, yard area,
setback and height.
A single-family or multifamily dwelling may
be constructed on any lot of official record at the time of enactment
of this chapter, in the proper district, the owner of which does not
own any adjoining property, provided that, in the opinion of the Zoning
Hearing Board, proposed yard spaces satisfy, as closely as possible,
the yards and building setbacks in the remainder of the block.
No licensed or unlicensed house trailer and
no unlicensed vehicle of any type may be used for living quarters
in any district. The removal of wheels and the provisions of foundations
to or utilities which supply such trailer or vehicle does not constitute
a permanent structure and permit occupancy under any provision of
this chapter. No exceptions or variances shall be made except by amendment
of this chapter.
No lot or premises shall be used as a garbage
or storage dump or a dead animal rendering plant. No manure, rubbish
or miscellaneous refuse may be stored in the open area within any
district where the same may, be construed as a menace to public health
or safety. No exceptions shall be made except by amendment of this
chapter.
No fence, wall, hedge, screen, sign or other,
structure or planting shall be higher than 31/2 feet in any district
within the triangle area (sight triangle) formed by the intersection
of the center line of each street; the line measured along each center
line will be 80 feet on major streets and 80 feet on the minor streets.
When a major and a minor street intersect, each shall retain their
respective footage requirements along the center line to form the
sight triangle. Trees may be planted in this triangle area, provided
that the lowest foliage is eight feet or higher from the ground.
[Amended 10-20-1998 by Ord. No. 667]
The construction, location and maintenance of
swimming pools, private or public, shall be in conformance with Chapter
77, Building Construction.
[Amended 11-4-1999 by Ord. No. 671]
In an R District, fences and enclosure walls
may be erected, provided that:
A. A solid fence or wall shall not exceed eight feet
in height and shall not extend beyond the front building line.
B. An ornamental fence may be erected to a reasonable
height.
The following regulations shall apply in the
R-3 Multiple-Family Residential District:
A. Height. The maximum height of structures in this district
shall be 30 feet.
B. Area. Each lot in this district shall comply with
the following minimum requirements, unless otherwise provided:
(1) Front yard depths for straight units, shall be 30
feet, and for offset units, not less than 25 feet.
(2) For each one-family dwelling contained in a multiple-unit
building, there shall be no side yard requirement, however, for a
multiple unit building, there shall be a minimum space of 10 feet
remaining on each side of multiple-unit building, which amounts to
a minimum of 20 feet between said multiple-unit buildings. Each multiple-unit
building shall be limited to a maximum of eight units.
(3) The rear yard depth shall be a minimum of 40 feet,
except that where R-3 abuts R-1, the rear yard depth shall be a minimum
of 50 feet.
(4) Each lot shall contain a minimum of 2,000 square feet
per dwelling unit and shall fully meet the open space requirements
as set forth herein.
C. It is hereby provided that an R-3 District or area
not have less than five acres of total area.
D. Open space requirements.
(1) All common open space resulting from the application
of standards for density or intensity of land use shall be set aside
for the use and benefit of the residents in such development.
(2) There shall be provided open space which shall constitute
not less than 20% of the total development.
(3) Security for improvement of open space shall be as
provided by the Subdivision Ordinance of the Borough of Trafford as in the case of completion
of improvements generally.
(4) Land development to be set aside for open space shall
be tendered to the borough by dedication as a condition of approval
of the planned residential development. To the extent that the borough
does not accept all or part of said dedication, the open space shall
be placed for ownership and maintenance in an organization established
by the landowner/developer. Said organization shall not be dissolved
nor shall it dispose of the common open space by sale or otherwise,
except to an organization conceived and established to own and maintain
the common open space, without first offering to dedicate the same
to the public.
E. Organizational ownership of open space. In the event
that the organization established to own and maintain common open
space, or any successor organization, shall, at any time after establishment
of the Multiple-Family Residential District, fail to maintain the
common open space in reasonable order and condition and in accordance
with the development plan, the borough may serve written notice upon
such organization or upon the residents of the Multiple-Family Residential
District, setting forth the manner in which the organization has failed
to maintain the common open space in reasonable condition, and said
notice shall include a demand that such deficiencies of maintenance
be corrected within 30 days thereof and shall state the date and place
of a hearing thereon, which shall be held within 14 days of the notice.
At such hearing, the municipality may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which they shall be corrected. If the deficiencies set forth in the
original notice or in the modifications thereof shall not be corrected
within said 30 days or any extension thereof, the municipality, in
order to preserve the taxable values of the properties within the
Multiple-Family Residential District and to prevent the common open
space from becoming a public nuisance, may enter upon said common
open space and maintain the same for a period of one year. Said maintenance
by the municipality shall not constitute a taking of said common open
space nor vest in the public any rights to use the same. Before the
expiration of said year, the municipality shall, upon its initiative
or upon the request of the organization theretofor responsible for
the maintenance of the common open space, call a public hearing, upon
notice to such organization or to the residents of the Multiple-Family
Residential District, to be held by the governing body or any designated
agency, at which hearing such organization or the residents of the
Multiple-Family Residential District shall show cause why such maintenance
by the municipality shall not, at the option of the municipality,
continue for a succeeding year. If the governing body or its designated
agency shall determine that such organization is not ready and able
to maintain said common open space in a reasonable condition, the
municipality may, in its discretion, continue to maintain said common
open space during the next succeeding year and, subject to a similar
hearing and determination, in each year thereafter. The decision of
the governing body or its designated agency shall be subject to appeal
in court in the same manner and within the same time limitation as
is provided for zoning appeals by statute. The cost of such maintenance
by the municipality shall be assessed by rate against the properties
within the Multiple-Family Residential District that have a right
of enjoyment of the common open space and shall become a lien on said
properties. The municipality, at the time of entering upon said common
open space for the purpose of maintenance, shall file a notice of
lien in the office of the prothonotary of the county upon the properties
affected by the lien within the Multiple-Family Residential District.
F. Limits of improvement standards. The standards and
requirements of the Subdivision Ordinance and other ordinances, except as set forth herein to the
contrary, relating to the location, width, course and surfacing of
streets, walkways, curbs, gutters, streetlights, shade trees, water,
sewage and drainage facilities, easements or rights-of-way for drainage
and utilities, reservations of public grounds and other improvements
shall apply to Multiple-Family Residential Districts. The standards
and criteria by which the design, bulk and location of buildings and/or
structures are determined, as set forth in this chapter, and other
ordinances of the borough shall apply equally to Multiple-Family Residential
Districts.
G. All required front, side and rear yards shall be maintained
as lawns and plantings, and no required yard shall be used for vehicle
parking, except that automobiles may be parked on driveways or parking
areas as provided on the site plan.