A.
Frontage required onto improved street.
(1)
Each proposed new lot, principal nonresidential building
and apartment building shall be on a lot which directly abuts one
of the following
(2)
In the case of townhouses, a manufactured/mobile home
park, or apartments, each dwelling unit may be served with vehicle
access onto a private parking court which then has access onto a street
meeting Borough standards.
B.
Number of principal uses and principal buildings per
lot.
(1)
A lot in a commercial or industrial district may include
more than one permitted principal use per lot and/or more than one
permitted principal building per lot, provided that all of the requirements
are met for each use and each building. If differing dimensional requirements
apply for different uses on the lot, then the most-restrictive requirement
shall apply.
(a)
For example, if Use 1 requires a one-acre lot
area and Use 2 on the same lot requires a two-acre lot area, then
the lot shall have a minimum lot area of two acres.
(b)
The applicant shall submit a site plan that
demonstrates that each structure would meet the requirements of this
chapter.
(c)
The land shall be in common ownership. However,
a condominium form of ownership of individual buildings, with a legally
binding property owners' association, may be established if the applicant
proves to the satisfaction of the Zoning Officer, based upon review
by the Borough Solicitor, that there will be appropriate legal mechanisms
in place.
(2)
A lot within a residential district shall not include
more than one principal use and shall not include more than one principal
building, unless specifically permitted by this chapter.
(a)
A manufactured/mobile home park, condominium
residential development, apartment development, traditional neighborhood
development or retirement community may include more than one principal
building per lot, provided that all other requirements of this chapter
are met.
(b)
A condominium form of ownership of individual
dwelling units, with a legally binding homeowners' association, may
be established if the applicant proves to the satisfaction of the
Zoning Officer, based upon review by the Borough Solicitor, that there
will be appropriate legal mechanisms in place and compliance with
applicable state law.
C.
Minimum size of dwellings. Each dwelling unit of two
or fewer bedrooms shall include a minimum of 500 square feet of enclosed
habitable, indoor, heated floor area, which shall be primarily above
the ground level. This minimum floor area shall be increased to 800
square feet if there are three or more bedrooms.
The maximum structure height specified for each district shall not apply to antenna that meet the requirements of this chapter, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also the definition of "height" in § 380-21.
A.
In general.
(1)
No lot, structure or use shall be created or developed
in such a way that it would result in another lot, building or use
not being able to meet the requirements of this chapter. This includes
but is not limited to setback areas, nonimpervious areas and off-street
parking areas.
(2)
Emergency access. All principal buildings shall have
adequate provisions for access by emergency vehicles and fire ladders
in order to reach all sides of a building.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Corner lots. For a corner lot, the yard depth abutting
each public street shall be equal to the minimum depth of the front
yard.
(2)
Projections into required yards.
(a)
Cornices, eaves, sills or other similar architectural
features, exterior stairways, fire escapes or other required means
of egress, rain leads, chimneys, "Bilko"-type doors for basement access,
window awnings, chase for heating pipes or other similar structures
that do not include space usable by persons may extend or project
into a required yard not more than three feet, except as may be required
within a drainage or utility easement.
(b)
Steps, stoops, fire escapes, handicapped ramps,
and landings necessary to provide entrance to a building may be located
within a required setback area.
(3)
Front yard setback exception. In any district within
a block containing a lot proposed for construction or expansion of
a building, where 50% or more of the improved lots on such block frontage
currently have front yards of less depth than is currently required
for that district, and where the clear majority of such lots are already
developed, the average of such existing front setbacks shall establish
the minimum front yard depth for the remainder of the frontage.
C.
Sight clearance at intersections.
(1)
See the applicable provisions of Chapter 325, Subdivision and Land Development, for intersections of streets.
(3)
Where a street intersects with an alley, a clear sight
triangle shall be established, with one leg of the triangle 15 feet
long along the edge of the right-of-way of the street and one leg
of the triangle 15 feet long along the center line of the alley, with
the two legs connected by a third longer leg.
(4)
Where two alleys intersect, a clear sight triangle
shall be established, with each leg of the triangle 15 feet long along
the center line of each alley and with the two legs connected by a
third longer leg.
(5)
Within these clear sight triangles, no new sight obstruction
shall be allowed that obstructs the views of motorists of oncoming
vehicle and pedestrian traffic at a height between two and eight feet
in elevation. To the maximum extent feasible, this clear sight triangle
shall also be cleared of existing obstructions, such as by trimming
vegetation.
D.
Buffer yards. Buffer yards and screening complying with the following standards shall be required under the following situations. These buffer yard standards shall supersede the buffer planting requirements of Chapter 325, Subdivision and Land Development.
(1)
Buffer yard width, when required. Buffer yards shall
have a minimum width of 30 feet, except that the minimum width shall
be 40 feet on land that was within a lot with an average lot depth
of greater than 150 feet at the time of adoption of this chapter (prior
to any later subdivision), unless a larger width is required by another
provision of this chapter. Buffer yards shall primarily include evergreen
plant screening and shall be required in the following situations,
and where otherwise required by this chapter:
|
Buffer Yard to be Provided by the Following:
|
When the Use Providing the Screening and
Buffer Is:
| |||
|---|---|---|---|---|
|
(a)
|
Along side and rear lot lines of any newly developed
or expanded:
|
Abutting or across an alley from an existing
dwelling within a residential district and visible from such dwelling
OR
Abutting an occupied existing primarily residential
use, regardless of whether the dwelling is within a residential district
| ||
|
(1)
|
Principal commercial or industrial use;
| |||
|
(2)
|
Area of 4 or more new off-street parking spaces;
| |||
|
(3)
|
Outdoor industrial storage or loading area;
or
| |||
|
(4)
|
Area routinely used for the overnight parking
of 2 or more tractor-trailer trucks.
| |||
|
(b)
|
Along front lot lines of any newly developed
or expanded:
|
Abutting and visible from a public street
| ||
|
(1)
|
Outdoor industrial storage or loading area;
or
| |||
|
(2)
|
Area routinely used for the overnight parking
of 2 or more tractor-trailer trucks.
| |||
|
(c)
|
In addition, a six-foot-wide buffer yard shall
be provided where 4 or more new off-street parking spaces are proposed
abutting to and visible from a public street.
| |||
(2)
Location of buffer yards.
(a)
The buffer yard shall be measured from the district
boundary line, street right-of-way line or lot line, whichever is
applicable.
(b)
Plants needed for the visual screen shall not
be placed within an existing street right-of-way. However, deciduous
trees may be permitted by the Borough to be placed within a street
right-of-way.
(c)
The buffer yard may include areas within a required
front, side or rear yard or a paved setback area, provided that the
larger yard requirement shall apply in case of overlap.
(3)
Characteristics of buffer yards.
(a)
The buffer yard shall be a landscaped area free
of structures, dumpsters, commercial or industrial storage or display,
manufacturing or processing activity, materials, loading and unloading
areas or vehicle parking or display.
(b)
As a special exception use, the applicant may
prove to the satisfaction of the Zoning Hearing Board that an alternative
method of screening will satisfactorily avoid conflicts between uses
and provide an attractive appearance. For example, the Board may approve
a decorative brick wall to be placed between a loading area and an
abutting street.
(c)
Fence. Any fence in a buffer yard shall be placed
on the inside of any required plant screening.
(4)
Plant screen.
(a)
Each buffer yard shall include a planting screen
of trees or shrubs extending the length of the lot line.
(b)
Each planting screen shall meet the following
requirements:
[1]
Plant materials needed to form the visual screen
shall have a minimum height when planted of three feet. An initial
height of two feet may be used where a parking area is intended to
be visible from a street for security purposes. In addition, an average
of one deciduous shade tree, with a minimum trunk diameter of 2.5
inches measured six inches above the ground level, shall be placed
for each 60 feet of length of the buffer yard. The shade trees may
be clustered or spaced unevenly. Where street trees are approved and
provided in the right-of-way, or healthy existing trees will be preserved,
those trees may serve in place of this shade tree requirement.
[2]
Plants needed to form the visual screen shall
be of such species, spacing and size as can reasonably be expected
to produce, within five years, a mostly solid year-round visual screen
at least six feet in height. However, where appropriate to provide
security and oversight of a parking area from a street, species of
plants shall be used that have a shorter mature height, and such plants
should be trimmed to a maximum height of three to four feet.
[3]
The plant screen shall be placed so that, at
maturity, the plants will not obstruct a street or sidewalk.
[4]
The plant visual screen shall be interrupted
only at approved points of approximately perpendicular vehicle or
pedestrian ingress and egress to the lot, at locations necessary to
comply with safe sight distance requirements, and at locations needed
to meet other specific state, borough and utility requirements.
[5]
American arborvitae and similar weak-stem plants
shall not be used to meet the buffer yard requirements. If more than
20 evergreen plants are proposed, no more than 50% shall be of one
species.
[6]
Where space allows, evergreen trees should be
planted at diagonal offsets so that there is room for future growth
of the trees.
(6)
Modifications.
(a)
The Borough Council, or the Zoning Hearing Board
in the event of a special exception or variance application, may require
an applicant to install a solid fence, earth berming, a noise barrier
or additional landscaping if the Council or the Board determines such
feature is necessary to address noise conflicts or other nuisances
between differing uses.
(b)
As a special exception, the Zoning Hearing Board
may approve a reduced buffer width where an attractive mostly solid
wall or fence will be provided in addition to the landscaping and
where the applicant proves the reduced width will still provide a
sufficient buffer.
A.
Any part of a commercial, industrial, institutional
or apartment lot which is not used for structures, loading areas,
parking spaces and aisles, sidewalks and designated storage areas
shall be provided with an all-season, well-maintained vegetative ground
cover and shall be landscaped with trees and shrubs. Landscaped areas
shall be kept free of debris, rubbish and noxious weeds.
D.
Parking lot landscaping.
(1)
One deciduous tree shall be required for every 15
new off-street parking spaces.
(2)
If a lot will include 30 or more new parking spaces,
landscaped islands shall be provided within automobile parking areas.
Otherwise, the trees may be planted around the parking area.
(3)
Trees required by this section shall meet the following
standards:
(a)
Type of trees permitted. Required trees shall
be chosen from the following list of approved street trees, unless
the applicant proves to the satisfaction of the Zoning Officer that
another type of tree would shade paved areas, be resistant to disease,
road salt and air pollution, and be attractive.
|
Types of Deciduous Trees Permitted to
Meet Chapter Requirements
| |
|---|---|
|
Acer rubrum — Red maple
| |
|
Acer saccharum — Sugar maple
| |
|
Celtis occidentalis — Common hackberry
| |
|
Fagus sylvatica — European beech
| |
|
Fraxinus americana — White ash
| |
|
Fraxinus pennsylvania — Green ash
| |
|
Ginko biloba fastigiata — Maiden hair
tree (male only; female has noxious odor)
| |
|
Gleditsia triacanthos — Thornless locust
| |
|
Liquidambar styraciflua — Sweet gum
| |
|
Liriodendron tulipifera — Tulip poplar
| |
|
Quercus — All species of oaks
| |
|
Sophora japonica — Scholar tree/pagoda
tree
| |
|
Tilia americana — American linden
| |
|
Tilia cordata — Little leaf linden
| |
|
Tilia euchlora — Crimean linden
| |
|
Tilia petiolaris — Silver linden
| |
|
Ulmus hybrids — Homestead or sapporo autumn
gold
| |
|
Ulmus parviflora — Chinese or lacebark
elm, not including siberian elm
| |
|
Zelkova serrata — Zelkova
|
|
NOTE: This chapter only regulates the species
of trees that are used to meet requirements of the Borough. The species
of trees that are not required by Borough ordinances are not regulated.
|
(b)
Quality of trees. Required trees shall be of
symmetrical growth and free of insect pests and disease.
(c)
Minimum size. The trunk diameter (measured at
a height of six inches above the finished grade level) shall be a
minimum of two inches or greater.
E.
Landscaping maintenance. All shade tree, buffer yard
and other landscaping required by this chapter shall be perpetually
maintained by the property owner. Any landscaping needed to meet an
ordinance requirement that dies, is removed, or is severely damaged
shall be replaced by the current property owner as soon as is practical,
considering growing seasons, within a maximum of 150 days.
F.
Review. Where landscaping is required by this chapter,
the applicant shall submit a site plan showing proposed initial sizes,
locations and species of plantings and locations of any fencing in
sufficient detail to determine compliance with this section. Such
landscaping plan should be provided to the Borough Planning Commission
for review.
A.
Proof and registration of nonconformities. It shall
be the responsibility of, with the burden of proof upon, a party asserting
a nonconformity to provide the evidence that it is lawful. A property
owner may request a written statement of nonconformity from the Zoning
Officer after providing sufficient evidence.
B.
Continuation. A lawful nonconforming use, structure
or lot, as defined by this chapter, may be continued and may be sold
and continued by new owners. Any expansion of, construction upon or
change in use of a nonconformity shall only occur in conformance with
this section.
C.
Expansion of or construction upon nonconformities.
(1)
Nonconforming structures.
(a)
The Zoning Officer shall permit a nonconforming
structure to be reconstructed or expanded, provided:
[1]
That such action will not increase the severity
or amount of the nonconformity (such as the area of the building extending
into the required yard) or create any new nonconformity; and
[2]
That any expanded area will comply with the
applicable setbacks in that district and other requirements of this
chapter.
(b)
In the case of a nonconforming structure which
is used by a nonconforming use, any expansion shall also meet the
requirements of this section regarding nonconforming uses.
(c)
Extension along a nonconforming setback. If
an existing residential building has a lawfully nonconforming building
setback, additions may occur to increase the height above such setback
or to extend other portions of the building out to the nonconforming
side or rear setback line, provided that:
[1]
The structure shall not be extended beyond the
existing nonconforming setback line;
[2]
No additional nonconformity shall be created;
[3]
The new nonconforming extension shall not be
greater than 15% of the existing floor area;
[4]
An absolute minimum three-foot setback shall
apply in all cases;
[5]
All other requirements of this chapter shall
be met; and
[6]
Such addition shall not be permitted for a nonresidential
building that abuts an existing primarily residential use.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot.
New permitted structures for a single permitted-by-right principal
use and its customary accessory uses may be constructed, reconstructed
or expanded on a nonconforming lot of record held in single and separate
ownership as a permitted-by-right use if minimum setback requirements
are met.
(b)
Lot width. The fact that an existing lawful
lot of record does not meet the minimum lot width requirements of
this chapter shall not by itself cause such lot to be considered to
be a nonconforming lot for the purposes of a permitted-by-right use.
(3)
Expansion of a nonconforming nonresidential use. A
nonconforming use or a building used by a nonconforming use shall
not be expanded, except in accordance with the following provisions:
(a)
An expansion shall require special exception approval from the Zoning Hearing Board under Article I, except that a one-time building floor area expansion of up to 5% may be permitted by right.
(b)
Such reconstruction or expansion shall be only
upon the same lot that the nonconforming use was located upon at the
time the use became nonconforming.
(c)
The total building floor area used by a nonconforming
use or the total land area covered by the nonconforming use, whichever
is more restrictive, shall not be increased by greater than 25% beyond
what existed in the nonconforming use at the time the use first became
nonconforming.
[1]
The above maximum increase shall be measured
in aggregate over the entire life of the nonconformity. All expansions
of the nonconforming use and/or building(s) that occurred since the
use originally became nonconforming shall count towards the above
maximum increase.
(d)
Any expansion of a nonconforming use shall meet
the required setbacks and other requirements of this chapter, unless
the Zoning Hearing Board grants a variance.
(e)
Expansion of a nonconforming residential use.
An existing nonconforming residential use may be expanded as a permitted-by-right
use, provided that the number of dwelling units or rooming house units
is not increased, the expansion meets all applicable setbacks, no
new types of nonconformities are created, and a nonconformity is not
made more severe.
(f)
Nonconforming signs. The provisions of this
chapter shall not be interpreted to provide a right to expand or extend
a nonconforming sign. Instead, any expansions or extensions of a nonconforming
sign shall comply with this chapter.
D.
Damaged or destroyed nonconformities. A nonconforming
structure that has been destroyed or damaged may be rebuilt in a nonconforming
fashion only if the application for a building permit is submitted
within 18 months after the date of damage or destruction, work begins
in earnest within 12 months after permit issuance and continues, and
no nonconformity may be created or increased by any reconstruction.
The property shall be properly secured during such time in such a
way to keep out trespassers and to avoid harm to neighboring properties.
E.
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued,
razed, removed or abandoned for 12 or more months, subsequent use
of such building or land shall conform with the regulations of the
district in which it is located, except:
(a)
As provided for in the "damaged or destroyed
nonconformities" provisions of this section.
(2)
The applicant shall be responsible to provide evidence
that the nonconformity was not abandoned.
(3)
An existing lawful separate dwelling unit may be unrented
for any period of time without being considered abandoned under this
chapter.
F.
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, a structure or land
shall not revert to a nonconforming use.
(2)
A nonconforming use may be changed to a different
nonconforming use only if permitted as a special exception by the
Zoning Hearing Board. However, special exception approval is not needed
for a simple change within an existing building from one lawful nonconforming
retail store use to another retail store use or from one lawful nonconforming
personal service use to another personal service use, provided that
the new use complies with any Zoning Hearing Board conditions that
applied to the previous use and is not more objectionable in external
effects than the previous use.
(3)
Where special exception approval is required for a
change of a nonconforming use, the Board shall determine whether the
applicant has provided sufficient proof to show that the proposed
new use will be equal or less objectionable in external effects than
the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck
traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare,
vibration, fire, hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Late-night and early-morning hours of operation
if the use would be close to dwellings; and
(e)
Compatibility with the character of the surrounding
area.
(4)
A nonconforming use shall not be changed to a nonconforming
adult use.
G.
District changes. Any uses, structures or lots that
become nonconforming because of a zoning district change shall be
regulated under this section on nonconformities.
A.
Any newly placed solid waste dumpster shall be screened
on all sides as necessary to screen views from public streets and
dwellings. Such screening shall consist of decorative masonry walls,
mostly solid weather-resistant wood fencing or fencing of a similar
appearance (such as white vinyl vertical planks). Primarily evergreen
plantings are also encouraged in addition to the fence or wall. The
fence or wall shall include a self-latching door or gate.
B.
Setback from dwellings. An outdoor solid waste container
with a capacity of over 25 cubic feet shall be kept the maximum distance
that is feasible from any abutting dwelling, in the determination
of the Zoning Officer, provided that the container is not in the minimum
front yard. In any case, an outdoor solid waste container shall be
kept a minimum of 25 feet from the lot lines of an abutting dwelling.
A solid waste dumpster shall not be located in a minimum front yard.
C.
If a solid waste dumpster is moved from one part of a lot to another part of a lot, then it shall come into compliance with this § 380-60.
D.
All waste containers shall be completely enclosed,
and the lid shall be kept in place. The locations of all dumpsters
shall be shown on all site plans and land development plans submitted
to the Borough.
E.
This section shall not apply to dumpsters temporarily
placed during actual construction or demolition on the premises or
for recycling containers that do not involve garbage.
