[Amended 10-19-1992 by Ord. No. 614]
The following provisions shall apply to all nonconforming uses
or structures:
A.
A nonconforming use or a nonconforming structure may be continued
but may not be extended, expanded, or changed, unless to a conforming
use, except as permitted by the Zoning Hearing Board in accordance
with the provisions of this chapter.
C.
Any nonconforming structure damaged by fire, flood, explosion, or
other casualty may be reconstructed and used as before if such reconstruction
is performed within 12 months of such casualty, and if the restored
structure has no greater coverage and contains no greater cubic content
than before such casualty.
D.
In the event that any nonconforming use, conducted in a structure
or otherwise, ceases, for whatever reason, for a period of one year,
or is abandoned for any period, such nonconforming use shall not be
resumed.
The following provisions shall apply to accessory uses:
A.
Accessory farm buildings shall not be erected within 100 feet of
a neighboring property.
(1)
Feed lots, runs, pens, kennels, and similar facilities used for commercial
animal raising and care shall not be permitted within the Borough.
General agriculture activities are permitted to every lot line.
(2)
Roadside stands for sale of homegrown fruits and vegetables shall
be permitted if they do not entail a structure having a floor area
greater than 100 square feet, are erected at least 30 feet off the
road, parking space is provided off the road, and are conducted on
the property from which the crops were grown.
B.
Every swimming pool shall be enclosed by a fence or wall not less
than six feet high to prevent uncontrolled access by small children.
The requirement shall supersede all other fencing requirements of
this chapter, providing said fence is offset the minimum distance
required for a side yard from the edge of the property. Swimming pools
24 inches and less are exempt.
[Amended 1-21-2013 by Ord. No. 725]
C.
The exterior storage of not more than one motor vehicle which does
not have a current inspection sticker shall be considered an accessory
use, but two or more shall constitute an auto salvage business and
shall not be permitted as an accessory use.
D.
An open screening wall or fence no more than four feet in height
may be erected in the front and side yards of any structure. An open
or solid screening wall or fence no more than six feet in height may
be constructed in the rear yard of any structure. For purposes of
this subsection, the line of demarcation between rear and side yards
shall be determined to be the rear wall of the building. A fence not
exceeding 10 feet in height may be built in any yard used for public
schools, public playgrounds, public parks, public recreation or public
institution areas. On corner lots, no fence or enclosure hedge exceeding
three feet in height may be erected within 50 feet of the intersection
of the curblines.
E.
No fence shall be constructed within 18 inches of the sidewalk in
the front, side or rear yards.
[Added 8-16-2004 by Ord. No. 687]
The following uses may be authorized with such conditions as
are deemed appropriate by the Zoning Hearing Board:
A.
Living quarters in an accessory structure as an accessory use to
a single-family house to accommodate domestic employees of the residents
of the principal building.
B.
The accommodation of not more than two nontransient roomers as an
accessory use to a single-family house, provided that no sign is displayed.
C.
Directional signs of a reasonable size in connection with any legal
business or industry, provided they contain no information other than
instructions for convenience of vehicular traffic in reaching such
business or industry.
D.
Temporary structures and trailers used in conjunction with construction
work may be permitted only during the period that the construction
work is in progress. Permits for temporary structures shall be issued
for a six-month period.
E.
Sheds: one-story detached accessory buildings used as tool or storage
sheds, playhouses or similar uses. The structure must be on a lot
where there is an existing single-family dwelling. The structure cannot
be designed for human habitation. The gross floor area must not exceed
200 square feet, and the total height must not exceed 10 feet. The
structure must be subordinate to the main dwelling. The structure,
including soffit, fascia and appurtenances, must be at least 10 feet
from each property line and cannot be placed in the front yard. No
plumbing or gas installation in the accessory building is allowed.
Electrical installation in the accessory building shall be subject
to permitting. When an inspection is performed for electrical, the
inspector is obligated to address any apparent violation of the Pennsylvania
Building Code, when found. To apply for the residential accessory
use exemption, a zoning certificate must be filled out and approved
by the Zoning Administrator and the applicable fee must be paid.
[Amended 7-15-2013 by Ord. No. 728]
F.
A swimming pool to be located within the minimum rear or side yard
depth, provided the same is approved as to size, construction, material,
safety features, location and shielding.
G.
Wheelchair ramp. A wheelchair ramp may be added to a residence to
allow accessibility to a home, provided it meets the Federal ADA standards
and the most current Pennsylvania Building Code standards and is built
at least 24 inches from any property line. To apply for the residential
accessory use exemption, a zoning certificate must be filled out and
approved by the Zoning Administrator and the applicable fee must be
paid. A building permit must also be obtained, if needed, and all
conditions of same met.
[Added 7-15-2013 by Ord. No. 728]
[Amended 4-21-2003 by Ord. No. 679; 7-15-2013 by Ord. No. 727]
A.
General sign provisions applicable to all zoning districts.
(1)
No person shall erect, alter, place or permit to be placed, or replace
any sign without first obtaining a zoning certificate and building
permit, unless otherwise exempted. All signs shall conform to the
requirements of this section and the most current Pennsylvania Uniform
Construction Code. All signs, as defined, shall require a permit for
the erection and maintenance of the same, unless otherwise exempted.
(2)
Each application for a sign permit shall be accompanied by a drawing,
to scale, showing the design which is being proposed, the size, character
and color of letter, lines and symbols, the method of illumination,
the exact location of the sign in relation to the building and property
and construction details. The application shall be accompanied by
the permit fee, as designated in the appropriate municipal resolution.
(3)
Any permit issued by the Zoning Officer for erection, alteration,
replacement or relocation of any sign shall expire automatically 12
months after the date of issuance if work authorized by the permit
has not been initiated and diligently pursued.
(4)
Sign supports, braces, guys and anchors shall be maintained in such
a manner as not to cause a hazard.
(5)
Signs shall be maintained free of peeling paint or paper, fading,
staining, rust, or other condition which impairs legibility or intelligibility.
All signs shall be constructed of a durable material and maintained
in good condition. All signs, other than those constructed of decay-resistant
wood, shall bear a protective treatment to guard against rust or decay.
Signs using removable paper or other materials and general signs bearing
protective coatings such as paint shall be maintained in such condition
as to eliminate loose or frayed material protruding or hanging or
falling from the structure. Any sign found to be in an unsafe or poorly
maintained condition upon inspection shall be declared to be a public
nuisance, and the Zoning Officer shall give notice to the owner, in
writing, to repair or remove the sign within 10 days. Upon failure
of the owner to comply, the municipality shall remove the sign at
the owner's expense in accordance with state and local law.
(6)
Signs may be internally illuminated, or, if externally illuminated,
the source of the light shall be enclosed and directed to prevent
the source of light from shining directly onto traffic or residential
property.
(7)
Illumination.
(a)
Illumination, when authorized by this section, shall be directed
upon the sign face and not towards adjoining properties or streets.
(b)
Flashing or oscillating signs shall not be permitted.
(c)
Lighting shall be stationary and constant in intensity and color
at all times.
(d)
The intensity of any source of illumination of any sign, whether
indirect or internal, shall be controlled so as to not exceed a maximum
of 1.0 footcandle at the property line.
(e)
External light bulb fixtures shall project no colors.
(f)
Lighting emitted by signage shall be subject to lighting standards
otherwise applicable to the property.
(8)
No sign shall be placed in, upon or over any public right-of-way,
alley, or other public place, except as may be otherwise permitted
by this section.
(9)
No light pole, utility pole, or other supporting member shall be
used for the placement of any sign unless specifically designed and
approved for such use.
(10)
No sign shall be erected in any place where it may, by reason
of its position, shape, color, or other characteristic, interfere
with, obstruct the view of, or be confused with any authorized traffic
sign, signal, or device.
(11)
No sign shall be located in such a position that it will cause
a hazard by obstructing visibility. No sign shall interfere with minimum
site distance required by PENNDOT standards from access drives to
a street. No sign, other than official traffic signs and off-premises
directional signs, shall hang over or be erected within the right-of-way
of any street.
(12)
No commercial vehicle which, in the opinion of the Zoning Administrator,
has the intended function of acting as a sign shall be parked in any
area abutting the street, unless no other parking area is available.
(13)
No sign shall contain any moving or animated parts or have the appearance of having any moving or animated parts, provided that variable time/temperature signs, digital signs and electronic message boards may be permitted in accordance with § 425-17F(10).
(14)
No wall sign shall extend above the roofline of a building.
(15)
No sign shall be permitted within street lines (curb lawns),
except those of a duly constituted governmental body, including traffic
signs, and similar regulatory notices. [Ordinance 679; Section 4(F)(1)[1]]
[1]
Editor's Note: For the provisions of this section, originally adopted by Ord. No. 679, see § 425-17D(2)(a).
(16)
No signs shall contain information or advertising for any product
or service not sold on the premises.
(17)
Existing nonconforming signs. Every sign or other advertising
structure lawfully in existence on the effective date of this section
may not be replaced, altered or relocated, unless it is made to comply
with this section, except in the case of a sign accidentally damaged
or destroyed. A change in wording of the sign message does not constitute
replacement, alteration or relocation and, as such, shall be permitted.
(18)
All setbacks specified within this section shall apply to the
entirety of the sign, including elements that overhang or extend from
the supporting structure.
(19)
No part of any sign shall emit noise.
(20)
A sign shall bear no more than two faces.
(21)
Obscene signs are prohibited. No sign shall utilize sexually
explicit or suggestive language or graphics or any illustration of
"specified sexual activities" or "specified anatomical areas" as defined
in this Code[2] and/or which bears language deemed obscene by Ordinance
15 of the Pennsylvania Crimes Code, Public Indecency.
(22)
Automatic changeable-copy signs shall not bear advertising or
mention of an establishment, an activity, a product, a service or
entertainment which is sold, produced, manufactured, available or
furnished at a site other than on the premises on which the sign is
located.
(23)
Within 90 days of a business's closing, the sign copy of the
associated obsolete sign or signs shall be removed or obscured in
a manner commensurate with general construction standards outlined
herein.
C.
Nonconforming signs, illegal signs and signs accessory to nonconforming
uses applicable to all zoning districts.
(1)
Every permanent sign which does not conform to the height, size,
area, or location requirements of this section as of the date of the
adoption of this section is hereby deemed to be nonconforming.
(2)
Nonconforming signs may not be altered, expanded, enlarged, or extended;
however, nonconforming signs may be maintained and repaired so as
to continue the useful life of the sign. An existing nonconforming
sign, including a billboard, shall not be changed to a digital sign.
(3)
For purposes of this section, a nonconforming sign may be diminished
in size or dimension or the copy of the sign amended or changed without
jeopardizing the privilege of nonconforming use. If a sign is nonconforming
in its setback, this section shall not apply, and the sign shall not
be replaced.
(4)
Any nonconforming sign destroyed by fire or other casualty loss shall
not be restored or rebuilt if reconstruction will constitute more
than 50% of the surface of the sign on the date of loss.
(5)
Any sign which, for a period of six months or more, no longer advertises
a bona fide business conducted or product sold shall be removed by
the owner of the building, structure, or property upon which such
sign is located, within 30 days of receipt of written notice by the
Zoning Administrator.
(6)
A sign accessory to a nonconforming use may be erected in the Borough
in accordance with the sign regulations for the subject zoning district.
D.
Exempted signs applicable to all zoning districts.
(1)
The following signs shall be permitted in all districts, and no permit
shall be required to erect such signs:
(a)
Temporary signs announcing a drive or event of a civic, philanthropic,
educational or religious organization, providing such sign shall not
exceed 32 square feet in area and shall be removed immediately upon
completion of the drive or event.
(b)
Signs offering the sale or rental of the premises upon which
the sign is erected. Not more than one sign shall be placed on the
property, unless such property fronts on more than one street, in
which case one sign may be erected on each street frontage.
(c)
Temporary signs of contractors, developers, architects, engineers,
builders and artisans, erected and maintained on the premises where
the work is being performed, provided that the area of such sign shall
not exceed 32 square feet, and provided that such sign shall be removed
upon completion of the work.
(d)
Trespassing signs, signs indicating the private nature of a
road, driveway or premises and signs controlling fishing or hunting
on the premises, provided that the area of such sign shall not exceed
four square feet.
(2)
The following signs shall be permitted:
(a)
No sign shall be permitted within street lines (curb lawns),
except those of a duly constituted governmental body, including traffic
signs, and similar regulatory notices.
(c)
In commercial districts, special temporary promotional devices,
signs or displays, such as banners or pennants, are permitted. Where
such signs are outside of a building, they shall remain on display
for a period not to exceed 30 consecutive days.
E.
Units of measurement applicable to all zoning districts.
(1)
The area of a sign shall be measured as the area within a single,
continuous perimeter composed of any straight-line geometric figure
which encloses the extreme limits of writing, representation, emblem,
logo, or any other figure of similar character, together with any
frame or other material or color forming an integral part of the display
or used to differentiate the sign from the background against which
it is placed, excluding only the structure necessary to support the
sign.
(2)
The area of a freestanding, ground, or projecting sign that has two
faces shall be measured by including the area of all sign faces, except
that if two such faces are placed back-to-back and are of equal size,
the area of the two back-to-back faces shall be counted as one face.
If the two back-to-back faces are of unequal size, the larger of the
two sign faces shall be counted as the one face.
(3)
The height of a sign shall be measured as the vertical distance from
the highest point of the sign to the grade of the adjacent street
or the average grade of the ground immediately beneath the sign, whichever
is less.
(4)
For buildings with multiple tenants, the sign areas for wall signs,
marquee signs, projecting signs, and awning signs shall be determined
by taking that portion of the front wall of the building, applicable
to each tenant space, and computing sign requirements for that portion
of the total wall. In the case of a corner lot, the wall area adjacent
to the tenant space on the second street frontage shall be used to
calculate the sign area for a second wall sign, awning sign, or projecting
sign. Each sign shall be attached to the same wall which is used to
determine its size.
F.
Sign regulations applicable to all zoning districts.
(1)
Temporary signs are subject to Ordinance 679.[4]
[4]
Editor's Note: The provisions originally adopted by Ord. No. 679 are codified as § 425-17D(1) and (2).
(2)
All ground, wall and freestanding signs may include message boards
and digital signs.
(3)
Electronic message boards and digital signs shall be subject to § 425.17F(10).
(4)
No sign or other structure shall be erected, constructed or maintained
over or across any sidewalk of the Borough, the lowest part of which
or the supports of which are less than 10 feet above the highest point
of the underlying sidewalk. Signs which project from any building
over a sidewalk shall not project more than 2/3 of the distance from
the building to the curb.
(5)
Real estate signs shall be removed within seven days after completion
of the sale or lease of the property.
(6)
Construction signs are permitted within any zoned district, subject
to Ordinance 679.[5]
[5]
Editor's Note: The provisions originally adopted by Ord. No. 679 are codified as § 425-17D(1) and (2).
(7)
Special event signs are permitted within any zoned district, subject
to Ordinance 679.[6]
[6]
Editor's Note: The provisions originally adopted by Ord. No. 679 are codified as § 425-17D(1) and (2).
(8)
Directional signs are permitted subject to the following restrictions:
(9)
Garage and estate sale signs are permitted subject to the following
restrictions:
(a)
One sign per lot or parcel is permitted, located on the lot
or parcel on which such sale is being conducted, or on any other lot
or parcel with the permission of the property owner, and erected outside
of any public street right-of-way.
(b)
Such sign shall not exceed six square feet in area.
(c)
Such sign shall be erected no more than seven days prior to
the day(s) of the sale and shall be removed within one day after the
completion of the sale.
(10)
Message boards, digital signs and electronic message boards
are permitted subject to the following restrictions, as applicable:
(a)
Only one digital sign shall be permitted on a lot or parcel;
the size of which may not exceed 30 inches by 84 inches (2.5 feet
by seven feet).
(b)
Messages displayed on digital signs located within any zoning
district shall have a minimum duration of 10 seconds.
(c)
All electronic messages shall be static, and the transition
between messages shall be instantaneous, with no more than 0.3 second
between messages.
(d)
No digital sign shall create glare or have characteristics that
impair the vision of motorists or create a nuisance for surrounding
properties.
(e)
The digital sign shall not be illuminated beyond the default
settings of the manufacturer's brightness or dimming controls.
(f)
The digital sign shall have automatic dimming capabilities that
adjust the brightness of the sign to changes in the ambient light
levels at all times of the day and night.
(g)
The owner of the sign shall allow the Borough to use the electronic
message board to communicate emergency public service information
relating to disasters or emergencies.
(h)
Audio speakers or any form of pyrotechnics are prohibited in
conjunction with a manual or electronic message board.
(i)
Any property on which is located a manual or an electronic message
board shall not be permitted to have a temporary sign or a sign displayed
on a vehicle.
(j)
Any digital sign that is not in working order shall be shut
off until repairs are made.
G.
Schedule of sign regulations. Signs in each zoning district shall
be subject to the following regulations:
(1)
R-1A, R-1, R-2, and R-3 Zoning District: permitted signs.
(a)
In any residential district, a sign is permitted which announces
the name, address, or professional activity of the occupant of the
premises on which said sign is located and is reflective of the character
of the neighborhood.
[1]
No sign shall be permitted to exceed the following dimensions:
68 inches horizontal plane; 34 inches vertical plane; and 18 inches
of space between the sign and the ground, for a total of 52 inches.
[2]
Signs must be located 14 feet from the sidewalk.
[3]
Sign posts shall not be more than four inches in diameter and
55 inches high. (See Attachment A.[7])
[7]
Editor's Note: See the Girard Borough Sign Requirement diagram included as an attachment to this chapter.
(2)
Church, school or similar public structure.
(a)
A bulletin board not exceeding 24 square feet is permitted in
connection with any church, school or similar public structure.
(3)
C-1, C-2, M-1 Zoning Districts: permitted signs.
(a)
Business signs shall be permitted in commercial and manufacturing
districts in connection with any legal business or industry when located
on the same premises and if they meet the following requirements:
[1]
Signs shall not contain information or advertising for any product
or service not sold on the premises.
[2]
Signs shall not have a combined aggregate surface size greater
than five square feet for each foot of width of the principal structure
on the premises.
[3]
No sign or other structure shall be erected, constructed or
maintained over or across any sidewalk of the Borough, the lowest
part of which or the supports of which are less than 10 feet above
the highest point of the underlying sidewalk. Signs which project
from any building over a sidewalk shall not project more than 2/3
of the distance from the building to the curb.
[4]
Signs, open areas, and structures shall not be illuminated in
any manner which causes undue distraction, confusion or hazard to
vehicular traffic.
[5]
One freestanding sign is permitted for each property to a maximum
size of 25 feet in height and 20 feet in width and must also comply
with § 425-7G(3)(a)[2].
H.
Special land uses.
(1)
Billboards.
(a)
Billboards shall not be permitted.
(b)
No portion of the face or structure of any existing billboard
shall include any moving parts or changing illumination.
(c)
No existing billboard shall permit the advertising or other
display of tobacco products, alcohol products, or sexually oriented
business.
I.
Violations and penalties. Upon a determination by the Girard Borough
Manager that a violation of this section has occurred, the following
action shall be taken:
(1)
The Borough Manager shall direct a registered or certified letter
notice to the owner of such property. The owner shall be determined
by reviewing the county tax assessment records of the most current
year. Said letter shall be mailed to the address as determined by
such records.
(2)
The said letter notice shall inform the said owner as to the violation
of this section, citing the reason for violation and giving the owner
15 days to remove the reason for the violation. If the owner, occupant,
mortgagee, or lessee fails to comply with the order of the Borough
within the time specified in the notice and no petition for a hearing
before Borough Council is filed by the owner within 10 days thereafter,
or following a hearing by the Girard Council where the order is sustained
thereby, the Borough shall cause such building or structure to be
repaired, vacated, or demolished, as determined by the Girard Borough
Manager in accordance with the standards hereinbefore provided. The
Girard Borough may collect the cost of such repair, vacation or demolition,
together with a penalty of 10% of such cost, in the manner provided
by law, or the Girard Borough may seek injunctive relief in a court
of competent jurisdiction pursuant to the Rules of Civil Procedure,
or a combination of the above, and charge the cost thereof to such
owner.
[Amended 3-15-1982 by Ord. No. 530]
A.
Off-street parking spaces shall be provided in accordance with the
specifications in this section in any district whenever any new use
is established or existing use or structure is enlarged.
|
Use
|
Parking Space Required
| |
|---|---|---|
|
Dwelling
|
2 for each dwelling unit
| |
|
Dwelling (single- and two-family)
|
2 for each dwelling unit
| |
|
Church, theatre, school
|
1 for every 4 seats in largest meeting room
| |
|
Stores, shops, restaurants, clubs, funeral homes
|
1 for every 100 square feet of public floor space
| |
|
Business services, warehouses, professional offices
|
1 for every 300 square feet of gross floor area
| |
|
Manufacturing plants
|
1 for every 2 employees
| |
|
Hospitals
|
1 for every 2 beds
| |
|
Motels
|
1 for every rental unit
| |
|
Multifamily dwellings
|
The number of parking spaces shall comply with the provisions of Article VII
|
B.
No off-street parking space shall have an area less than 200 square
feet, exclusive of access drives, and shall not be less than 10 feet
by 20 feet in size.
C.
Any off-street parking lot for more than five vehicles shall be graded
for proper drainage and surfaced so as to provide a durable and dustless
surface. A design plan must be submitted for approval by the Planning
Commission.
D.
Any lighting used to illuminate any off-street parking lot shall
be so arranged as to reflect the light away from adjoining premises
in any residential district.
One off-street berth of not less than 35 feet by 10 feet shall
be provided by every business and industrial use with a floor area
of more than 5,000 square feet, with one additional berth required
for each additional 25,000 square feet of floor area.
The following provisions shall apply to all uses of land in
all districts unless otherwise noted:
A.
No cut or fill grade shall exceed a slope of three to one or 33%.
This provision shall apply to all cuts and fill exceeding 100 square
feet in exposed surface area, including cuts and fills on land naturally
exceeding three to one in slope.
B.
All lands, regardless of their slope, from which structures or natural
cover has been removed or otherwise destroyed shall be appropriately
graded and seeded within a reasonable time of such clearance activity.
The phrase "a reasonable time" shall be interpreted to be within two
weeks during the growing season and shall be rigidly applied to construction
activities in order to accomplish the intent of keeping erosion to
an absolute minimum.
C.
No cutting, fill, or other disturbing of land and natural vegetation
is permissible within 50 feet of the edge of natural drainagecourses,
except as permitted by action of the Zoning Hearing Board. In such
cases, the Board may grant permission, provided special precautions
are taken to insure against continuing erosion or other circumstances
which may be harmful to the immediate watercourse or in any way pollute
the stream.
D.
The entrance grade of all structures shall be at least 1/4 inch in
height above the established curve or grade elevation for each foot
in distance therefrom.
[Added 10-19-2009 by Ord. No. 704]
The following provisions shall apply to all manufactured or
mobile homes and manufactured or mobile home parks:
