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.
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.)
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. 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.)
(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.
(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:
(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.