This chapter shall not apply to an existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of such corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public; nor shall this chapter apply to any building of the Borough or extension thereof or to the use of any premises by the Borough if the Borough Council shall, after a public hearing, decide that such building or extension thereof or such use of any premises is reasonably necessary for the convenience or welfare of the public, provided that any municipal recreational building or use may be established by the Borough Council at any location in the Borough without holding such public hearing.
Where in any residential district more than 50% of the residential frontage of any block has been improved at the effective date of this chapter with buildings having front yards of less depth than that required for that particular residential district, then the required front yard depth for such district may be decreased in such block to a depth not less than that of the majority of the existing buildings.
No building and no part of a building shall be erected within or shall project into the front yard except cornices, eaves, gutters or chimneys projecting not more than 18 inches, windows not extending through more than one story and not projecting more than five feet, one-story open porches projecting not more than 10 feet, steps and balconies.
No building and no part of a building shall be erected within or shall project into the side yard except cornices, eaves, gutters or chimneys projecting not more than 18 inches and steps, provided that an accessory building may be built or constructed within one of the side yards if entirely separated from the main buildings and located at least 10 feet farther back from the front street line than the rearmost portion of the main building, and in the case of a side yard along an alley, such accessory building shall be located not less than 20 feet from the center line of said alley.
No building and no part of a building shall be erected within or shall project into the rear yard except cornices, eaves, gutters or chimneys projecting not more than 18 inches, windows not extending through more than one story and projecting more than five feet, steps and balconies, provided that an accessory building may be built or constructed within the rear yard if entirely separated from the main building and located at least 10 feet farther back from the front street line than the rearmost portion of the main building, and in the case of a rear yard along an alley, such accessory building shall be located not less than 20 feet from the center line of said alley.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view.
[1]
Editor's Note: An original ordinance section titled, “Fence in open area,” amended 9-14-1970 by Ord. No. 881, was deleted 5-22-2012 by Ord. No. 1247, as its provisions were superseded 5-24-2005 by Ord. No. 1206; see now § 310-86, Fences.
In the case of a lot held in single and separate ownership at the effective date of this chapter which does not fulfill the requirements for the minimum area for the district in which it is located, a building may be erected or altered thereon when authorized as a special exception.
In the case of a lot held in a single and separate ownership at the effective date of this chapter which, because of unusual conditions of depth or width, has difficulty in providing the required open spaces of the district in which it is located, the required open spaces may be decreased when authorized as a special exception.
No lot or premises shall be used as a trailer camp or a tourist cabin or automobile court.
No dwelling shall hereafter be erected or altered unless there is direct access to it through an open space on the same lot. Such open space shall be at least 12 feet wide and shall extend from the dwelling to a public street or highway or to a private street or highway not less than 50 feet in width and having a cartway so constructed and maintained that vehicles of all kinds may readily pass over it at all seasons of the year. For the purpose of this section, an alley shall not constitute a public street or highway.
Every building for trade, business, industry or manufacturing hereafter erected or substantially altered shall be provided with space, either inside or outside the building, for the loading or unloading of goods or materials. Such space shall have access to a street or alley.
Where a court is provided for the purpose of furnishing light and air to rooms used for living purposes, the least dimensions of such courts shall be as follows:
A. 
No outer court shall be less than five feet wide nor, at any given level, less than four inches wide for each foot of height of such level above the lowest window served by it.
B. 
No outer court shall have a depth greater than three times its width.
C. 
No inner court shall be less than 10 feet wide nor, at any given level, less than six inches wide for each foot of height of such level above the lowest window served by it.
The lawful use of a building existing at the effective date of this chapter or authorized by a building permit issued prior thereto may be continued although such use does not conform with the provisions of this chapter, but such use may not be extended or enlarged except when authorized as a special exception; but if such nonconforming use is abandoned, any subsequent use shall be in conformity with the provisions of this chapter.
A. 
A nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use of a building has been changed to a more restricted classification or to a conforming use, such use shall not hereafter be changed to a use of a less restricted classification.
B. 
A nonconforming use of a portion of a building may be extended throughout the building. A building constituting a nonconforming use may be extended upon the lot occupied by such building and held in single and separate ownership at the effective date of this chapter when authorized as a special exception.
C. 
A nonconforming building which is destroyed by fire, explosion or act of God may be rebuilt and used for the same purpose, provided that:
(1) 
The reconstruction of the building is commenced within one year from the date the building was destroyed and is carried to completion without delay.
(2) 
The reconstructed building does not exceed in height, area and volume the building destroyed.
D. 
The lawful use of vacant land existing at the effective date of this chapter may be continued although such use does not conform with the provisions of this chapter, but no such use shall be extended, enlarged or changed to any use but a conforming use. If a nonconforming use of land ceases for any length of time for any reason, any subsequent use of such land shall be in conformity with the provisions of this chapter.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the Borough. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances of the Borough, provided that, where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger opening than are imposed by such other rules, regulations or ordinances, the provisions of this chapter shall control.
It shall be the duty of the Code Enforcement/Zoning Officer and he is hereby given power and authority to enforce the provisions of this chapter. The Code Enforcement/Zoning Officer shall require that the application for a building permit shall contain all the information necessary to enable him to ascertain whether the proposed building, alteration or use complies with the provisions of this chapter. No building permit shall be issued until the Code Enforcement/Zoning Officer or his agent has certified that the proposed building, alteration or use complies with all the provisions of this chapter.
In case any building or structure or sign is erected, constructed, reconstructed, altered, repaired or maintained, or any building, structure or land is used, or any hedge, tree, shrub or other growth or wall is maintained in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
[Amended 5-22-2012 by Ord. No. 1247]
A. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney's fees, incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.
B. 
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
D. 
Magisterial District Judges shall have initial jurisdiction over proceedings brought under this section.
[Added 8-1-1987 by Ord. No. 1049]
No building and/or no part of a building shall be erected or altered to be used for the purpose of processing or storing of infectious waste, pathological waste, chemotherapeutic waste, hazardous waste, radioactive waste or hospital waste.
[Added 5-24-2005 by Ord. No. 1206]
A. 
Permit. No person, corporation, partnership, company or other entity shall construct, install, add to or alter a fence in the Borough unless a permit is secured therefor. A site plan shall be submitted with the permit application.
B. 
Right-of-way. Fences may be installed along property lines entirely on the builder's property, provided they are not in the public right-of-way area. No fence or other structure may be constructed or placed in the public right-of-way area.
C. 
Height. In residential districts and any existing nonconforming residential use, fences may not exceed six feet in height from the rear property line to the rear building face and may not exceed four feet in height from the front property line to the rear building face. Any fence which goes from the front of the property to the rear of the property is recommended to gradually increase in height from the four-foot front height to the six-foot rear height, starting four feet in front of the rear building face. This section specifically supersedes § 310-73 and any other section addressing the height issue and fences. (See attached detail.)[1]
[1]
Editor's Note: Illustrations are included at the end of this chapter.
D. 
Height in other districts. In other districts, the following applies:
(1) 
Commercial: same as Subsection C above.
(2) 
Historic: same as Subsection C.
(3) 
Slope: Fences may not exceed six feet in height.
(4) 
Manufacturing/Industrial: Fences may not exceed eight feet in height. This section is subject to any and all allowances regarding a buffer zone for manufacturing/industrial districts adjacent to commercial and residential districts.
E. 
Corner lots; obstructions.
(1) 
Fences on corner lots may not obstruct the clear sight triangle, defined as "an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines."
(2) 
Vision obstruction. On any corner lot, no structure, fence, wall, hedge or other planting shall be erected or allowed to grow, be placed or maintained at a height of more than 42 inches. (See attached clear sight triangle detail.[2] Reference for clear sight triangle is from the American Association of State Highway and Transportation Officials (AASHTO) Guidelines for Geometric Design of Low Volume Local Roads.)
[2]
Editor's Note: Illustrations are included at the end of this chapter.
(3) 
Hedges, trees, rows of trees, shrubbery and bushes which, in the judgment of the Code Enforcement Officer, interfere with sight lines, public safety and/or restrict access to public utilities are not permitted within the right-of-way of any public road, street or lane.
F. 
Materials, construction, maintenance regulated as follows:
(1) 
If the fence is constructed of wood or vinyl material, the framework must face the interior of the lot. Wooden fences shall be erected with the "finished side" or "good side" facing the public streets of the Borough and facing adjoining properties.
(2) 
If the fence is open metal mesh supported by posts or frames of either pipe or wood, the posts and frames must face the interior of the lot. It is recommended that chain-link and other wire-mesh fencing, as well as other fences which are painted, should be painted with a color which blends in with the surroundings and which does not attract the attention of drivers on public streets. Aluminum, galvanized or light-reflecting colors are not recommended.
(3) 
If the fence is of masonry construction, a finished surface must be provided on the exterior side.
(4) 
Barbed wire, electric, chicken wire, and all other fencing that is designed to cut or injure is prohibited in all residential districts. In zoning districts other than residential, such fencing shall not be permitted unless approved by a majority of the governing body permitted to do so.
(5) 
All fences erected must be of good quality and must be firmly and sturdily footed in the ground.
(6) 
All fences shall be maintained in a sturdy and good condition. Fences which become loose, rusted or rotted, whether in whole or in part, shall be repaired, replaced or removed.
G. 
Variances.
(1) 
Any property owner or tenant desiring to erect a fence or maintain a fence which does not conform to the provisions of this chapter may apply for a variance from the Zoning Hearing Board of the Borough.
(2) 
All requests for a variance shall be according to the procedures and governing provisions of this chapter and the laws of the commonwealth.
H. 
Proximity to lot lines and curblines. All fences may be built up to the property line of the side and rear yard property lines. All fences shall be set back at least 12 inches from all front yard property lines and/or sidewalks; further, all fences must be set back a minimum of six feet from any curbline.
I. 
Fences surrounding pools or other structures.
(1) 
To the extent this Subsection I conflicts with the then current Building Code when the permit is filed, the then current Building Code shall control. This section is not meant to be more restrictive than the then current Building Code.[3]
[3]
Editor's Note: See Ch. 115, Construction Codes, Uniform.
(2) 
All pools, swimming pools, water retention basins and other structures, temporary or permanent, and above or below ground, which may hold water shall be surrounded by a fence, except as provided in Subsection I(4) hereof.
(3) 
Fences required by Subsection I(2) hereof may surround the pool or the property. The wall of a building may constitute a portion of the fence. Such fences shall be adequate to make the structure containing the water inaccessible to small children.
(4) 
Fences required by Subsection I(2) hereof shall not be less than four feet in height and shall be subject to the height limitations imposed in Subsection C; further, such fences shall be constructed out of any of the following materials:
(a) 
Masonry or brick.
(b) 
Wire mesh, a minimum of nine gauge with posts not more than 10 feet apart.
(c) 
Pickets, not less than three-fourths of an inch thick if wood, or 20 gauge if metal, with posts not more than 10 feet apart.
(d) 
All gates or door openings through any fence required to be erected under this section shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door for any dwelling which forms a part of the fence enclosure need not be so equipped.
(5) 
Structures which are not capable of holding water in excess of two feet in depth need not be surrounded by a fence if the structures are emptied of all water when not in use or are securely and adequately covered to prevent small children from uncovering the pool when not in use.
J. 
Permit fee. The fee for a permit for construction, installation, addition or alteration of any fence shall be in accordance with the then existing fee structure as established by the governing body.
K. 
Violations and penalties. Whoever violates or fails to comply with any of the provisions of this section shall be fined not less than $25 nor more than $300 for each offense. A separate offense shall be deemed committed each day that the violation continues.
[Added 11-10-2015 by Ord. No. 1279]
All permits are subject to the following provisions:
A. 
A minimum ADA-compliant pedestrian walkway shall be maintained.
B. 
Furnishings for the outdoor dining area shall consist solely of movable tables, chairs and decorative accessories. Furnishings must be kept in a state of good repair and in a clean and safe condition at all times.
C. 
The minimum height of umbrellas which project into the required minimum pedestrian walkway width shall be 80 inches. Seating and tables for the outdoor dining area shall be at the same elevation as the public sidewalk. Paint, carpeting, artificial turf, platforms or other surfaces of any kind shall not be permitted at any time on the public sidewalk or in the outdoor seating area. The outdoor dining area or its operation shall not damage, stain or discolor any part of the sidewalk or public right-of-way.
D. 
Umbrellas over tables shall be adequately weighted with a minimum base of no less than 60 pounds.
E. 
There shall be no advertising displayed on umbrellas or tables which are located on the sidewalk directly abutting or adjacent to the outdoor dining.
F. 
Outdoor dining area on public land shall have barriers of delineation as approved by the Codes Department. Barriers of delineation shall be between 36 inches and no more than 42 inches in height, must be ADA compliant and must be stabilized in a manner to prevent movement. Barriers of delineation must be removed from sidewalks and stored indoors when outdoor table service is not offered unless the Borough approves otherwise. No modifications shall be made to Borough property without approval of the Borough.
G. 
Tables, chairs and all other furnishings or accessories may not be left in place but shall be removed from the sidewalk during nonbusiness hours.
H. 
No tables, chairs or any other fixtures used in connection with an outdoor dining area shall be attached, chained or in any manner affixed to any tree, sign or other public fixture.
I. 
There shall be no temporary signs or banners permitted outside of the outdoor dining area.
J. 
The owner of the outdoor dining area shall be responsible for keeping the pedestrian walkway in front of the premises clean and free of trash and debris.
K. 
Service to outside dining patrons shall cease on or before 11:00 p.m. prevailing time and clear all tables of food, beverages and customers on or before 12:00 midnight prevailing time.
L. 
The property owner and applicant shall maintain the outdoor dining area in accordance with all Borough ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the Borough which pertain to this use of outdoor dining.
M. 
These regulations shall be binding upon and inure to the benefits of the parties and their heirs, legal representatives, successors and assigns.
N. 
Outdoor dining shall be permitted if the applicant is operating a legal and related food service business inside a building immediately adjacent to the outdoor dining area.
O. 
Public restroom facilities must be made available (by the related food service business) to patrons utilizing an outdoor dining area.
[1]
Editor's Note: See also "Outdoor Dining Application and Guidelines" and "Outdoor Dining Affidavit," included as attachments to this chapter.