Borough of Eagles Mere, PA Zoning

[HISTORY: Adopted by the Borough Council of the Borough of Eagles Mere 9-5-1988 by Ord. No. 90. Amendments noted where applicable.]

ATTACHMENTS

Attachment 1 - Zoning Map

§ 105-1 Statement of community objectives; purpose.

[Amended 6-5-1989 by Ord. No. 93]

The following legislative findings set forth the purposes and intent of this chapter which is designed and intended:

(1)

To meet the Borough's needs for housing by providing a variety of housing types, including single-family dwellings, various types of multifamily dwellings, including two-family dwellings and mobile homes and mobile home parks.

(2)

To encourage and direct reasonable commercial development in the areas zoned as commercial districts or recreational-commercial districts.

(3)

To guide uses of land and structures and the type and location of streets, public grounds and other facilities.

(4)

To protect the forested and cleared lands which attract people to the borough and are major community assets, by providing for development on smaller lots in the area in and around Eagles Mere village while encouraging a reasonable and more limited development in the areas of great natural beauty which comprise the balance of the borough.

(5)

To protect the borough's unique historical heritage.

(6)

To preserve environmentally sensitive areas, including woodlands, areas with steep slopes and lakes, streams and wet lands.

(7)

To provide for the general welfare by making provision for present and future governmental, social, cultural, recreational and religious facilities.

(8)

To protect the public interest by making provision for adequate light, air and spacing between buildings and vehicular parking and by regulating signs and lighting.

(9)

To facilitate and provide for water, sewage, public grounds and other similar public requirements.

(10)

To prevent overcrowding of land, blight, danger and congestion in travel and transportation and to limit risks to health and property from fire, panic or other dangers.

(11)

To accomplish these objectives through a coordinated development of the borough as described in § 105-1B in a manner which makes adequate provision for present and future housing and commercial needs while preserving those attributes of the borough which attract people to live, work or visit in the borough and surrounding areas.

This ordinance and all amendments thereto have been made in accordance with an overall program and with consideration for the character of the borough and its various parts and the suitability of the various parts for the particular uses and structures.

§ 105-2 Interpretation.

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.

§ 105-3 Definitions; word usage.

Word usage. As used in this chapter, the present tense includes the future; the singular includes the plural, and the plural, the singular; the word "building" includes the word "structure" and shall be construed as if followed by the words "or part thereof"; the word "occupy" includes the words "designed or intended to be occupied"; the word "use" includes the words "arranged, designed or intended to be used"; and the word "shall" is always mandatory.

Definitions. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this section:

ACCESS DRIVE

A means other than a street which provides vehicular access from a street or public road to a lot; e.g., driveway or private right-of-way.

[Added 9-12-2002 by Ord. No. 2002-3]

ACCESSORY BUILDING

A building subordinate to the principal building on a lot and used for a permitted accessory use.

ANTENNA

Any transmitting or receiving device mounted on a tower, building or structure and used in communications that transmits or receives electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

[Added 5-8-2002 by Ord. No. 2002-2]

BUILDING AREA

The aggregate of the maximum horizontal cross-sectional areas of all buildings on a lot above the ground level, measured at the greatest outside dimensions.

BUILDING LINE

The line which establishes the minimum depth of the front yard for the particular district, as measured from the street line or, in the case of an interior lot served by an access driveway, from the property line closest to a street line.

COURT

An open space partly or completely enclosed by the walls of a building.

DRIVEWAY

A minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.

[Added 9-12-2002 by Ord. No. 2002-3]

DWELLING

A building designed for and occupied exclusively for residence purposes.

(1)

SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as a residence for only one (1) family and having no party wall in common with an adjacent building.

(2)

MULTIFAMILY DWELLINGA building designed for and occupied exclusively as a residence for two or more families.

FAMILY

Any number of individuals living and cooking together as a single housekeeping unit, provided that not more than three of such number are unrelated to all of the others by blood, marriage or legal adoption. Domestic servants shall be considered an adjunct to the term "family."

[1]

LOT

A parcel of land which is occupied or is to be occupied by one principal building, together with any accessory buildings customarily incidental to such principal building. The area of a lot shall be that portion of the lot or parcel of land lying within the property lines and outside of any street lines.

MINERALS

Any aggregate or mass of mineral matter whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

[Added 7-6-2009 by Ord. No. 2009-02A]

MINING, EXTRACTION AND DRILLING

Any method used to remove minerals.

[Added 7-6-2009 by Ord. No. 2009-02A]

STREET

Street includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used by vehicular traffic including, where applicable, the area commonly referred to as the "berm."

[Amended 10-1-1998 by Ord. No. 121]

STREET LINE

A line separating a lot from an adjacent street.

[Amended 10-1-1998 by Ord. No. 121]

STRUCTURE

Any form or arrangement of building materials involving the necessity of providing proper support, bracing, tying and anchoring.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, data and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, stealth or camouflaged towers and the like. The term includes the structure and any support thereto. The term does not include the support structure for an antenna permitted under § 105-17.1E.

[Added 5-8-2002 by Ord. No. 2002-2]

YARD

The required open, unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky, except for projections permitted under § 105-20A.

(1)

FRONT YARDA yard extending the full width of the lot along the street line and not less in depth, measured as described in the definition of "building line," than the minimum required in each district.

(2)

SIDE YARDA yard extending along the side lot line from the front yard to the rear yard and not less in width, measured from the side lot line, than the minimum required in each district.

(3)

REAR YARDA yard extending the full width of the lot along the rear lot line and not less in depth, measured from the rear lot line, than the minimum required in each district.

[1]

Editor's Note: The former definition of "height of building," which immediately followed this definition, was repealed 8-4-2008 by Ord. No. 2008-01.

§ 105-4 Classification of districts

The borough is hereby divided into eight districts designated as follows:

R-A	Residence Districts
R-1	Residence Districts
R-2	Residence Districts
R-3	Multifamily Districts
R-4	Mobilehome Districts
R-AS	Residence-Recreational Districts
C-1	Recreational - Commercial Districts
C-2	Commercial Districts

§ 105-5 Zoning maps. [1]

The boundaries of districts shall be shown upon the maps attached to and made a part of this chapter, which shall be designated "Zoning Maps." The maps and all the notations, references and other data shown thereon are hereby incorporated by reference to this section and shall be as much a part of this chapter as if all were fully described herein.

[1]

Editor's Note: The Zoning Map is included at the end of this chapter.

§ 105-6 District boundaries.

The boundaries between districts are, unless otherwise indicated, either the center lines of streets or such lines extended or lines parallel thereto. Where figures are shown on the Zoning Maps between a street and a district boundary line, they indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated.

§ 105-7 Boundary tolerances.

Where a district boundary line divides a lot held in single and separate ownership at the effective date of this chapter, the regulations applicable to the less restricted district shall extend over the portion of the lot in the more restricted district a distance of not more than 50 feet beyond the district boundary line.

§ 105-8 R-A Residence Districts.

Applicability. In an R-A Residence District the regulations of this section shall apply.

Use regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

(1)

Single-family detached dwelling.

(2)

Agriculture.

(3)

Municipal or governmental use.

(4)

Public utility facilities.

[Amended 5-8-2002 by Ord. No. 2002-2]

(5)

Playing fields, tennis courts, trails and walks.

(6)

The following accessory uses.

(a)

A private garage, storage shed or stable.

(b)

A professional office, artist's or musician's studio, provided that in the case of all the above-listed uses that the use is located in a dwelling in which the practitioner resides or in a building accessory thereto, and that no more than one person other than the practitioner is employed or utilized on the premises.

[Amended 1-3-2000 by Ord. No. 2000-1]

(7)

The following conditional uses:

[Added 7-6-2009 by Ord. No. 2009-02A]

(a)

Mining, extraction and drilling for minerals.

Area, width and yard regulations.

(1)

Lot area and width for buildings. A lot area of not less than 100,000 square feet and a lot width of not less than 150 feet measured at the building line shall be provided for every building, other than accessory building, hereinafter erected or used for any use in this district.

[Amended 7-6-2009 by Ord. No. 2009-02A]

(2)

Yards. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 50 feet. There shall be a rear yard, the depth of which shall be at least 50 feet. There shall be side yards along each side property line, the width of which shall be at least 25 feet.

(3)

Lot area and buffers for mining, extraction and drilling for minerals. A lot area of not less than 10 acres shall be required for mining, extraction or drilling of minerals. A planted buffer of at least 100 feet in depth shall be installed to shield the development from view from other properties insofar as is reasonably practical.

[Added 7-6-2009 by Ord. No. 2009-02A]

§ 105-9 R-1 Residence Districts.

Applicability. In an R-1 Residence District the regulations of this section shall apply.

Use regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

[Amended 9-6-2010 by Ord. No. 2010-04]

(1)

A use permitted in an R-A Residence District, except mining, extraction and drilling for minerals.

(2)

Conservancy center, fire and emergency facilities, when the above uses are operated by a nonprofit organization.

(3)

Recreational facilities when operated by a nonprofit organization, including golf courses, swimming facilities, boats, docks, bathhouses, repair and storage facilities and related office, restaurant and retail sale activities.

Area, width and yard regulations

(1)

Lot area and width. A lot area of not less than 50,000 square feet and a lot width of not less than 100 feet measured at the building line shall be provided for every building, other than an accessory building, hereinafter erected or used for any use in this district.

(2)

§ 105-10 R-2 Residence Districts.

Applicability. In an R-2 Residence District the regulations of this section shall apply.

Use regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

(1)

A use permitted in an R-1 Residence District.

(2)

Church, religious, charitable or philanthropic use.

(3)

Community center, museum, concert hall, theater, facilities for community or youth activities when the above uses are operated by a nonprofit organization.

(4)

Barbershop, hairdresser or beautician's shop utilizing a single barber, hairdresser or beautician when located in a building designed primarily for commercial, office, religious or institutional use and erected and used prior to January 1, 1983, for any such purpose.

[Added 10-1-1998 by Ord. No. 96]

Area, width and yard regulations.

(1)

Lot area and width. A lot area of not less than 12,000 square feet and a lot width of not less than 60 feet measured at the building line shall be provided for every building, other than an accessory building, hereinafter erected or used for any use in this district.

(2)

Yards. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 25 feet. There shall be a rear yard, the depth of which shall be at least 25 feet. There shall be side yards along each side property line, the width of which shall be at least eight feet.

§ 105-11 R-3 Multifamily Districts.

Applicability. In a R-3 Multifamily District the regulations of this section shall apply.

Use regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

(1)

A use permitted in an R-1 Residence District.

(2)

Multifamily dwelling.

(3)

Towers and antennas but only when authorized by Borough Council as a conditional use and only if in compliance with § 105-17.1.

[Added 5-8-2002 by Ord. No. 2002-2]

Area, width and yard regulations.

(1)

For multifamily dwellings the following requirements shall apply:

(a)

Lot area and width. A lot area of not less than 10,000 square feet per family and a lot width of not less than 80 feet at the building line shall be provided for every building hereinafter erected as or used as a multifamily dwelling.

[Amended 8-4-2008 by Ord. No. 2008-01]

(b)

(c)

Courts. The minimum width of any court shall be 30 feet.

(2)

For other uses the following requirements shall apply:

[Amended 8-4-2008 by Ord. No. 2008-01]

(a)

Lot area and width. A lot area of not less than 20,000 square feet and a lot width of not less than 80 feet shall be provided for every building, other than an accessory building, hereinafter erected or used for any allowed use in this district.

(b)

Yards. The yard measurements as stated in § 105-11C(1)(b) shall apply.

§ 105-12 R-4 Mobilehome Districts.

Applicability. In an R-4 Mobilehome District the regulations of this section shall apply.

Use regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

(1)

A use permitted in an R-1 Residence District.

(2)

Mobilehome park or trailer camp.

Area, width and yard regulations.

(1)

For mobilehome parks and trailer camps the following requirements shall apply:

(a)

Lot area and width. A lot area of not less than 10,000 square feet and a lot width of not less than 50 feet at the building line shall be provided for each mobilehome lot, mobilehome or trailer.

(b)

(2)

For other uses in an R-4 Mobilehome District, the lot area, width and yard requirements of § 105-11C(2) shall apply.

(3)

Where a mobilehome park or trailer camp abuts an R-A, R-1, R-2 or R-AS Residential District there shall be a buffer area along the district boundary line within the R-4 Mobilehome District, the depth of which shall be at least 50 feet, measured from the district boundary line. A screen of trees, shrubbery or hedges shall be planted and maintained within the buffer area sufficient in density to constitute an effective screen and give maximum protection and visual screening to abutting properties. The buffer area may be included in any yard areas required by the provisions of the section, but the buffer area shall not be used for any purpose other than planting and screening.

§ 105-13 R-AS Residence-Recreational Districts.

Applicability. In a R-AS Residence-Recreational District the regulations of this section shall apply.

Use regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

(1)

A use permitted in an R-1 Residence District.

(2)

Riding stables.

(3)

Ski area.

(4)

The following additional accessory uses when incidental to a permitted riding stable or ski area use:

(a)

Restaurant or snack bar.

(b)

Retail sale or leasing of ski and riding clothing and equipment.

Area, width and yard regulations. The lot area, width and yard requirements of § 105-8C(1) shall apply.

§ 105-14 C-1 Recreational-Commercial Districts.

Applicability. In a C-1 Recreational-Commercial District the regulations of this section shall apply.

Use regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

(1)

A use permitted in an R-3 Multifamily District. The uses described in § 105-9B(2) and (3) shall be permitted in this district whether or not operated by a nonprofit organization. The uses described in § 105-11B(3) shall not be permitted in this district.

[Amended 5-8-2002 by Ord. No. 2002-2]

(2)

Hotel, motel, or rooming house.

(3)

Ski area and/or riding stables.

(4)

Hospital, medical center, medical office, sanitarium, convalescent or nursing home.

(5)

Professional or real estate office.

(6)

The following additional accessory uses when incidental to a hotel or motel use: restaurant, snack bar, retail sales or personal services.

Area, width and yard regulations.

(1)

For multifamily dwellings the requirements of § 105-11C(1) shall apply.

(2)

For other uses in a C-1 Recreational-Commercial District, the lot area, width and yard requirements of § 105-9C shall apply.

§ 105-15 C-2 Commercial Districts.

Applicability. In a C-2 Commercial District the regulations of this section shall apply.

Use regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

(1)

A use permitted in an R-2 Residence District or a C-1 Recreational-Commercial District. The uses described in § 105-10B(3) shall be permitted in this district whether or not operated by a nonprofit organization.

(2)

Bakery, grocery, hardware store gift shop, craft shop, retail store, provided that as to all of the above uses, not more than six persons shall be employed on the premises in manufacture or production of goods.

(3)

Bank or financial institution.

(4)

Personal service shop.

Office.

Restaurant.

Club or lodge.

Educational institution, child care facility.

(9)

Cemetery.

(10)

Garage, gasoline station, automotive sales, automotive repair facility.

(11)

Counseling, training or rehabilitation center, group home, halfway house or any other facility for delinquent persons, persons with mental or emotional difficulties or persons with alcoholic, drug and similar problems, but only when authorized by Borough Council as a conditional use.

(12)

Any other commercial or industrial use, but only when authorized by Borough Council as a conditional use.

(13)

Any use of the same general character as a use permitted in this district, but only when authorized by Borough Council as a conditional use.

Area, width and yard regulations.

(1)

In a C-2 Commercial District the requirements set forth in § 105-10C shall apply to all uses except multifamily dwellings, which shall be governed by the requirements of § 105-11C(1).

§ 105-16 Signs, fencing and landscaping.

[Amended 10-1-1998 by Ord. No. 121]

General sign regulations.

(1)

The following regulations shall apply to all sign uses:

(a)

Every sign permitted by this section or existing as a preexisting nonconforming use must be constructed of durable materials and securely fastened or erected. Signs shall be maintained in good condition and shall not be allowed to become dilapidated or unsightly.

(b)

No sign shall be placed in a position which will cause danger to traffic or pedestrians nor shall any sign be permitted on the streets or sidewalks.

(c)

No sign shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location whereby reason of position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.

(d)

No sign other than a traffic sign may be placed in the street or road right-of-way, with the exception of signs which are affixed to a lawful building or accessory building and do not project more than four feet from such building and maintain a clearance height of at least 10 feet. Only the Borough is authorized to post signs to control or limit pedestrian or vehicular traffic. Private citizens may not erect or place their own signs for this purpose unless granted a permit by special exception.

[Amended 8-4-2008 by Ord. No. 2008-01]

(e)

Area of sign.

[1]

The area of any side of any sign shall not exceed:

[a]

Ten square feet in a R-A, R-1 and R-2 Residential District.

[b]

Twenty square feet in any other district.

[2]

For a sign whose message is applied to a background which provides no border or frame, such as on a building, the sign area shall be computed by straight lines drawn tangent to copy extremities encompassing individual letters, words or graphic elements of the message.

[3]

Sign area shall include the entire face of a single side of a sign, including all framing, trim and border area, but excluding any supporting framework or bracing. A double-face sign shall be considered a single sign.

(f)

No sign shall be erected or maintained which prevents free ingress and egress from any door, window or fire escape or which prevents free access from one part of a roof to any other part. No sign shall be attached to a stand pipe or fire escape.

(g)

All ground signs shall be anchored, weighed, spring loaded or otherwise designed to minimize wind action. The application for such signs shall indicate the method of anchoring to be employed.

(h)

The illumination of any sign in any district shall comply with the requirements of § 105-20G(1) and (2).

(i)

Illuminated signs shall not cause excessive glare or other disturbance that would be incompatible with the nature of the surrounding neighborhood or which would in any way impair the vision of passing motorists. Illumination shall be steady in nature. No flashing, rotating, moving or animated sign shall be permitted except by special exception

(j)

No handbills, signs or other materials of any size or kind maybe attached to any utility pole, fence post or building unless authorized by special exception.

(k)

No sign shall be attached to any tree, shrub, rock or other natural object except those signs in compliance with § 105-16A(1)(a) through (i).

(2)

Allowable signs. Subject to the general regulations in § 105-16A, the following signs shall be allowed within the Eagles Mere Borough and do not require a permit:

[Amended 8-4-2008 by Ord. No. 2008-11; 10-5-2015 by Ord. No. 2015-03]

(a)

Signs erected by the Borough, state, public utility or government or governmental agency.

(b)

Signs on private property identifying the owner or occupant of a residence, so long as the sign does not advertise any commercial activity being conducted by the owner or occupant of the residence.

(c)

A single banner, single pennant or single flag at a residence for a nonconforming purpose, maintained in serviceable condition and limited to a maximum area of 24 square feet.

(d)

Temporary signs advertising property for sale or identifying contractors working on the property are permitted on private property or in the public right-of-way under the following conditions, notwithstanding the provisions of § 105-16A(1)(e):

[1]

Such signs must not exceed six square feet and must be within the extended boundary lines of the property for sale or where the services are being provided.

[2]

Signs identifying contractors are allowed in the public right-of-way only on days when delivery of materials is expected; otherwise they must be on the property of the owner while actively working on the property.

[3]

Signs advertising a property for sale must be removed immediately after closing on the sale of the property. Signs for contractors can be put up one week prior to the beginning of work and must be taken down the day work is completed.

[4]

Where there are sidewalks, the signs must be placed on the property side of the sidewalk a minimum of three feet from the inside edge of the sidewalk. If landscaping makes this placement impossible, then the sign must be placed the maximum distance from the inside edge of the sidewalk and positioned so as not to interfere in any way with pedestrian traffic. Where there are not any sidewalks, signs advertising the sale of private property or identifying contractors (only on days when deliveries are expected) may be placed a minimum of three feet from the paved portion of the road or the berm, whichever is closer to the property line.

(3)

All other signs. All signs except those specifically allowed in § 105-16A(2) shall comply with § 105-16A, general regulations, and be approved as a conditional use pursuant to § 105-21G and H.

(4)

Abandonment. All signs shall be removed from the premises upon which the on-premises sign is located by the owner, occupant or lessee when the use it advertises is no longer conducted. Such removal shall be completed within 30 days of the vacation of the premises or within 30 days from when the use it advertises is no longer conducted.

(5)

Nonconforming signs.

(a)

Signs existing at the time of the passage of this section which do not conform to the requirements of this section shall be considered nonconforming signs and once removed shall be replaced with only conforming signs. Nonconforming signs may be painted, repaired or maintained provided such maintenance or repair does not extend the dimensions of the existing sign.

(b)

Signs existing at the time of the passage of this section which do not conform to the requirements of this section shall be considered nonconforming signs and may be retained as they are, unless the owner, by his choice, chooses to replace the sign.

[Amended 8-4-2008 by Ord. No. 2008-01]

Placement of trees, shrubs, hedges, bushes, vegetation, fences and any and all landscaping materials.

(1)

The owners or occupiers of real property within the Borough of Eagles Mere which property has trees, shrubs, hedges, bushes, vegetation or fences and landscaping materials in proximity to streets, alleys or sidewalks shall have the following responsibilities:

(a)

Trim all trees, shrubs, hedges, bushes or other vegetation in such a manner that there is a minimum clearance of 13 feet between the foliage and the roadway or alleyway for foliage overhanging a roadway or alley way.

(b)

Trim all trees, shrubs, hedges, bushes or other vegetation so that there is a clearance of eight feet between the foliage and the sidewalk for foliage overhanging a sidewalk.

(c)

Remove all dead trees.

(d)

Eliminate or trim any tree, shrub, hedge, bush or other vegetation which in the opinion of the borough presents a safety hazard.

(e)

Ensure that trees, shrubs, hedges, bushes, vegetation, fences and landscaping materials should not be planted, installed or maintained in such a manner that it may obstruct pedestrian or vehicular traffic on any street or sidewalk.

(f)

Maintain all trees, shrubs, hedges, bushes, vegetation, fences and landscaping so as not to interfere with visibility on sidewalks, alleyways and streets.

(2)

Walls, fences or other structures shall not be erected or maintained and trees, shrubs, hedges, bushes or other vegetative material should not be planted or maintained in such a manner as to project into adjacent property in different ownership. All such walls, fences, structures, hedges, trees or other vegetative material must be planted or maintained far enough from the neighboring property lines so as to provide access for trimming, painting and maintenance.

(3)

No fence, wall, structure, hedge, shrub, tree or vegetation shall be maintained which may cause danger to traffic on a street by obstructing a driver's view at a street or driveway intersection.

(a)

At all street/driveway intersections, no obstruction or planting measuring higher than 30 inches or hanging lower than eight feet above the roadway shall be permitted within the clear sight triangle. A "clear sight triangle" shall be defined as that area of unobstructed vision at street intersections formed by lines of sight between points which are a specified distance from the intersection of the street center lines. These distances shall be as follows:

[1]

For the intersection of two streets, the distance from intersection of the street center line shall be 75 feet.

[2]

For the intersection of the street and driveway the distance shall be 25 feet.

(4)

Borough authorized to remove. If the tenant, occupant or owner of said real property within the Borough of Eagles Mere violates this Subsection F, the borough may correct such violation with borough employees or contract with a third party to correct the violation and may collect all costs and expenses incurred in connection with correcting the violation from the tenant, occupant or owner of said real estate. The borough may collect all costs and expenses incurred in connection with correcting the violation by civil penalty or by municipal lien.

§ 105-17 Parking requirements.

Number of spaces. Any buildings hereafter erected, used or occupied for any of the following uses shall be provided with at least the number of parking spaces set forth below.

(1)

Hotels or motels: one parking space for each guest room or suite.

(2)

Multifamily dwellings: two parking spaces for each living unit.

Size of spaces. Each parking space shall measure at least 18 feet in length and nine feet in width. All parking areas shall be located within a reasonable distance of the buildings and uses which they serve and shall be provided with adequate interior driveway areas. Parking spaces shall be surfaced with gravel, cinders, red shale or pavement.

Application to existing uses. Parking provided with respect to a building or use which is subject to a parking requirement shall not hereafter be reduced if the resulting parking is less than that required by this section. In the case of an expansion or extension of or an addition to any existing building or use, the parking requirements of this section shall apply only with respect to such expansion, extension or addition.

§ 105-17.1 Wireless communications towers.

[Added 5-8-2002 by Ord. No. 2002-2; amended 6-5-2017 by Ord. No. 2017-01]

Purpose. The purpose of this section is to establish requirements for the siting of wireless communications towers, distributed antenna systems (DAS), facilities, equipment, and antennas so as to comply with federal and state laws and so far as allowed by law to:

(1)

Protect and preserve the visual character of the Borough by minimizing the visual and aesthetic impact of all wireless communications towers, facilities, equipment, and antennas.

(2)

Ensure that all wireless communications towers, DAS, facilities, equipment, and antennas are designed and configured in such a manner as to match or blend into the characteristics of the area of where they are situated. Such characteristics shall include both man-made structures as well as environmental features.

(3)

Encourage the location of wireless communications towers, DAS, facilities, equipment, and antennas in areas where the adverse impact on the community is minimal through careful design, siting, landscape screening and innovative camouflaging techniques.

(4)

Minimize the total number of towers throughout the community through joint use of new and existing towers and other structures as a primary option rather than the construction of additional single-use towers.

(5)

Enhance the ability of the providers of communications services to provide such service to the community quickly, effectively, and efficiently.

(6)

Consider the public health and safety of wireless communications towers, facilities, equipment, and antennas.

(7)

Avoid potential damage to the public and adjacent properties from the failure of wireless communications towers, facilities, equipment, and antennas through careful engineering and siting.

Definitions. As used in this section, the following terms shall have the meanings set forth below:

BALLOON TEST

The use of a balloon or similar object to locate or identify the proposed height and location of a tower.

CRANE TEST

The use of a crane or similar mechanism to elevate a broadcast antenna for the purposes of collecting data or information regarding the propagation characteristics of a particular proposed facility.

DRIVE TEST

The collection of radio signals broadcast from a proposed location. A drive test can be performed by the use of a crane test or by the use of a broadcast antenna placed upon or above an existing structure.

PREEXISTING WIRELESS COMMUNICATIONS TOWERS, FACILITIES, EQUIPMENT AND ANTENNAS

Any wireless communications towers, facilities, equipment and antennas for which a building permit and zoning approval has been properly issued prior to the effective date of this section, including permitted wireless communications towers, facilities, equipment and antennas that have not yet been constructed so long as such approval is current and has not expired.

PROPAGATION TESTING

The actual collection and analysis of radio signal broadcasts, via a drive test or similar method, which provides an indication of a particular site's coverage or level of service to the surrounding area based upon actual field measurements.

REPEATER

A device or facility that extends coverage of a cell to areas not covered by the originating cell.

UTILITY ATTACHMENT

The use of an existing utility structure, including wood poles, as a structure to mount or utilize for a wireless communications facility, equipment or antennas.

Minimum requirements. Except as set forth in § 105-17.1E, Other permitted antennas, the following minimum requirements shall apply to all wireless communications towers, DAS, facilities, equipment, and antennas and to any alterations or additions in addition to the generally applicable criteria for conditional uses.

(1)

Antenna height. Any antenna that is attached to an existing structure shall not exceed the height of the existing structure by more than 20 feet.

(2)

Antenna offset. Any antenna that is attached to an existing structure shall not be mounted beyond the vertical face or plane of the existing structure by more than three feet.

(3)

Tower height. No tower, including the antenna, shall exceed 200 feet in height.

(4)

Setback. All towers and antennas shall be set back a minimum of 100 feet from all property lines. If the tower and antennas exceed 150 feet in height, the minimum setback of 100 feet shall be increased by one foot for each one foot in height that the tower and antenna exceed 150 feet.

(5)

Preservation of existing trees. A management plan shall be submitted for approval describing how the existing trees located on the site shall be protected during the construction of the site.

(6)

Engineer's certification. A professional engineer licensed by the State of Pennsylvania shall certify any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical.

(7)

State or federal requirements. All towers, DAS, facilities, equipment and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the state or federal government with the authority to regulate towers, facilities, equipment and antennas. If such standards and regulations are changed, then the owner of the towers, facilities, equipment and antennas governed by this section shall bring such towers, facilities, equipment and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such towers, DAS, facilities, equipment or antennas into compliance with such revised standards and regulations shall constitute a violation and the Borough may require the removal of the towers, DAS, facilities, equipment and antennas at the owner's expense.

(8)

Building codes: safety standards. To ensure the structural integrity of towers as well as the safety of any attachment to an existing structure, the owner of towers, DAS, facilities, equipment or antennas shall ensure that they are maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published. If, upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute a violation and the Borough may require the removal of the towers, DAS, facilities, equipment or antennas at the owner's expense.

(9)

Not utilities. Towers, DAS, facilities, equipment and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as public utilities or private utilities. Even when an entity has received public utility status through the Public Utility Commission (PUC), all applications, including right-of-way applications, will be reviewed under this Zoning Ordinance (or under the conditional use section in § 105-17.1E).

(10)

Co-location. In order to reduce the number of towers in the Borough in the future, the proposed tower shall be designed to accommodate at least four separate commercial wireless communications companies. In addition its design shall allow for the accommodation of municipal emergency service use at no cost to the emergency service provider.

(11)

Tower inspections and removal of abandoned towers and DAS. An annual inspection report, which format and content will be prescribed by the Borough, shall be submitted on the date of each approval anniversary of the certificate of occupancy.

(a)

At the time a tower or DAS becomes empty or vacant, the owner shall supply notice to the Zoning Officer the day that abandonment occurs. This notice shall begin the time period for calculating abandonment. Any antenna or tower that is not operated for a continuous period of 12 months shall also be considered abandoned.

(b)

The owner of an abandoned antenna or tower shall remove the same within 90 days of receipt of notice from the Borough. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds for the Borough to cause the removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(c)

A tower or DAS removal performance bond shall be provided to the Borough in an amount specified by Borough Council. Said bond shall remain with the Borough and may be invoked upon failure by the tower owner to remove an abandoned tower.

(12)

Security. Unless the communications tower or antenna is located on a building or alternative tower structure, the tower structure or the entire property on which the tower structure is located shall be completely enclosed by an eight-foot-high chain-link security fence or similar fence with self-latching gate to limit accessibility to the general public. All tower structures shall be fitted with anti-climbing devices as approved by the manufacturer for the type of installation proposed.

(13)

Lighting. No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration or the Federal Communications Commission, in which case the Borough may review the available lighting options and approve the design that would cause the least disturbance to the surrounding uses and views.

(14)

Signs or advertising. No sign or other structure shall be mounted on the tower structure or antenna, except as may be required and approved by the Federal Communications Commission, Federal Aviation Administration, other governmental agency and the Borough. No advertising is permitted on an antenna or tower, buildings or related or accessory structures.

(15)

Principal, accessory and joint uses.

(a)

Accessory structures used in direct support of a tower shall be allowed but may not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the tower, unless repairs to the tower are being made.

(b)

Joint use of a site is prohibited when a proposed or existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas and dangerous chemicals.

(16)

Liability insurance. The owner of the tower shall provide to the Borough a current liability insurance policy with minimum limits of $1,000,000 naming the Borough as an additional insured.

(17)

Tower camouflage. All towers shall be disguised as a tree with realistic branches, trunk and bark to blend with the existing natural surroundings so as to minimize visual impacts and to achieve compatibility with the character of the community. The tower, including the antennas, when disguised as a tree with realistic branches, trunk and bark shall not extend higher than 20 feet above the tree line of the immediate area. Borough Council may approve an alternative design if it finds that the alternative has less visual impact and is more compatible with the character of the community.

(18)

Antennas on existing structures. Antennas located on existing structures and buildings shall be architecturally compatible with the respective buildings/structures. Antennas shall be designed to blend into the community when located on existing building/structures. Antennas, DAS and/or wireless facilities shall not be located on any building that is defined as an historic building.

(19)

No antenna and/or wireless facility which is placed outside of a public right-of-way may be obtained through a taking and/or eminent domain, and the Borough will bear no costs in the construction, maintenance, and/or removal thereof.

Contents of applications. All applications. All applications for construction, alteration, addition or change of any wireless communications tower, DAS, wireless facilities, equipment and antennas shall, if applicable, include the following content:

(1)

Alternatives analysis.

(a)

A topographic map of the proposed local service area which identifies the local network facilities with which the proposed facility will connect. Such network information shall include sites of all carriers situated within five miles of the proposed site. The specific location of existing or future proposed sites shall be identified. The heights of the structures of the other sites shall be identified on the map.

(b)

A small-scale map of the applicable franchise area which identifies the regional network of facilities with which the local network will connect.

(c)

Identification of the following on a topographic map:

[1]

All other existing telecommunications facilities, including those owned or operated by the applicant for the same type of service and those which provide other wireless services, which could potentially support the proposed facility.

[2]

All other existing structures which might provide an opportunity for attached facilities.

(d)

Identification of any existing service gaps in the proposed local service area as well as any service gaps which may remain in the event that the proposed facility is approved and constructed. Such service gaps shall be determined by actual coverage measurements developed by propagation testing and not by predicted coverage. The coverage information, maps and supporting data must be prepared by an individual qualified by the Borough as an expert in radio frequency engineering. Such service gaps shall be displayed for the carrier itself and gaps unserved by any carrier.

(e)

The applicant must demonstrate, using accepted technological evidence, why the towers, DAS, facilities, equipment and/or antennas are to be located where proposed. The applicant must show, with engineering certification, why lower tower height technology is not feasible.

(2)

Any applicant proposing construction of a new tower shall demonstrate that a good-faith effort has been made to obtain permission to mount the antennas on an existing building, structure or tower. A good-faith effort shall require that all owners of potentially suitable structures in the Borough or within a five-mile radius of the proposed tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

(a)

The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.

(b)

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.

(c)

Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

(d)

Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(e)

A commercially reasonable agreement could not be reached with the owners of such structures.

(3)

A visual analysis, which shall include photomontage, field, mock-up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunications facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunications service.

(4)

Identification of all private, commercial and public airports located within a five-mile radius of the proposed site on a plan. The glide path of each airport located within the five-mile radius shall be graphically represented on the plan to show the location of the glide path in both its horizontal and vertical elements.

(5)

Documentation to substantiate that a balloon test was or will be performed.

(6)

A management plan shall be provided which details the methods that shall be used to preserve and protect the natural features, such as existing vegetation, that help screen the facility from view or mitigate the facility's impact.

(7)

A landscaping plan shall be provided to screen the foundation, base, and equipment buildings from abutting properties. Existing wooded areas, tree lines and hedge rows adjacent to the facility shall be preserved except for site access and site construction of a tower.

(8)

Documentation shall be provided to substantiate that the applicant has secured at least one antenna contract to locate on such tower.

Other permitted antennas.

(1)

An antenna owned or operated by the Borough shall be a permitted use in all districts if it meets the requirements of Subsection E(3) of this section.

(2)

The following antennas, including their supporting structures, shall be permitted by conditional use in all districts if they meet the requirements of § 105-17.1E and the standards generally applicable to conditional use applications.

(a)

Antennas which are utility attachments and are located within the right-of-way of a public street.

(b)

Antennas operated by fire or ambulance organizations.

(c)

Antennas operated by individual "ham" operators as a use accessory to a residence.

(d)

Antennas used to transmit alarms.

(e)

DAS granted through the Public Utility Commission with the intent to be placed in either a right-of-way or on private property so long as not secured through a taking and/or eminent domain, provided the entity submits an application under Subsection D.

(3)

An antenna and/or DAS permitted under Subsection E(2) shall meet the following requirements:

(a)

The height of the top of the antenna/DAS or its support structure shall not exceed 35 feet if the support is a freestanding structure or 45 feet if the antenna is attached to an existing building housing an organization described in Subsection E(2)(b) and (e). The Borough Council may permit the height to be increased to no more than 65 feet if it finds that the increased height is essential to the operation of the antenna.

(b)

An antenna/DAS permitted under Subsection E(2)(b), (c) and/or (e) and its supporting structure shall be set back from all property lines a distance equal to the greater of the yard requirement for the district or one-foot for each foot of height of the antenna.

(c)

The antenna shall comply with the requirements of § 105-17.1C(7) and (8).

(d)

Antennas/DAS attached to an existing building or structure shall be compatible with the respective building or structure and shall be designed to blend in with the community. Antennas/DAS shall not be attached to any building that is defined as an historic building.

(e)

The owner of a DAS and/or wireless facility in a public right-of-way will incur its own construction, maintenance, removal and all other costs. If the Borough incurs any such costs, the owner will be responsible for reimbursing the Borough.

(4)

A repeater shall be permitted by conditional use if it is attached to a utility pole and meets the height requirements of Subsection E(3)(a) of this section.

§ 105-17.2 Driveways and access drives.

[Added 9-12-2002 by Ord. No. 2002-3]

To minimize traffic congestion and control street access in the interest of public safety and to encourage the appropriate development of street and road access, the following standards shall apply to the construction, creation, reconstruction or alteration of all driveways or access drives.

A driveway permit shall be required prior to the initiation of construction, creation, reconstruction or alteration of a new or existing driveway or access drive, including a change of surface, for all drives created or existing which intersect any street, road or private road. The individual, owner or agent shall be responsible for supplying the Zoning Officer with sufficient information regarding the proposed intersection, its sight distance, and its impact on drainage patterns along the intersection, intersecting street, road or private road. Such permit shall be issued by the Zoning Officer after he/she has determined that the application complies with all provisions of this section regarding driveways and access drives.

Where a driveway or access drive is to be installed in conjunction with a proposed use, the building/zoning permit application for that use shall include a scale drawing showing the location, construction materials, and the sight distance proposed for the driveway or access drive.

Except in the case of single- and two-family dwellings, all driveways and access drives shall be designed so that there will be no need for motorists to back over public rights-of-way.

The number of driveways or access drives provided shall be the fewest required to adequately serve the needs of the abutting property. The total number of driveways or access drives shall not exceed two per lot, except where frontages of exceptional length occur. In cases where frontages are 50 feet or less, each lot shall be limited to one driveway or access drive.

A common driveway or access drive serving two adjoining lots may be permitted, provided that the lot owner submit to the Zoning Officer an instrument, duly executed and acknowledged by both lot owners, subjecting said lots to such use. The zoning officer shall cause said instrument to be registered in the office of the Register of Deeds. The applicant shall pay the registration fees.

Driveways and access drives shall be constructed of a durable, all-weather material and shall not exceed 35 feet in width, except as may be increased by curb radii.

Driveways and access drives shall not cross the street right-of-way line; within:

(1)

Forty feet of the right-of-way line of an intersecting street;

(2)

The catch basin or drainage inlet;

(3)

Ten feet of a property line for a commercial, institutional or industrial use; nor

(4)

Three feet of a property line for residential use, unless adjoining property owners mutually agree to a common driveway or access drive.

Driveways or access drives shall be designed and constructed in such a manner to avoid impairing drainage within a street, road, or private right-of-way or any adjacent area. When determined necessary by the Zoning Officer, a drainage pipe shall be installed under the driveway or access drive by the property owner. The size or diameter of such pipe shall be established by the Borough but in no event shall be less than a minimum of 15 inches in diameter.

Driveways and access drives should be located where street alignment and profiles are favorable, where there are no sharp curves or steep grades, where site distances related to the driveway are sufficient to avoid creating hazardous traffic conditions, and so as to not impede the free movement of normal highway traffic.

Where driveways or access drives are to intersect with commonwealth roads or streets, the applicant shall provide to the Zoning Officer a copy of the Pennsylvania Department of Transportation Highway Occupancy Permit and proof that the construction, reconstruction, creation, or alteration of the driveway or accessway will comply with all state regulations.

To ensure reasonable visibility at the intersection of driveways or access driveways and any street, a minimum sight distance of at least 150 feet shall be provided. Minimum sight distance shall be measured from the point of intersection of the driveway center line and the street right-of-way line to a point on the center line of the street cartway.

[Amended 8-4-2008 by Ord. No. 2008-01]

The grade of a driveway or access driveway shall not exceed 15% grade within 25 feet of the right-of-way of the street or 25% in other locations, except where the topography makes it impractical to construct a conforming driveway or access driveway without extensive fill or re-grading.

[Added 8-4-2008 by Ord. No. 2008-01]

§ 105-18 Nonconforming uses.

The lawful use of a building or land existing on the effective date of this chapter or any amendment thereto affecting that use or building, or authorized by a building permit issued prior thereto, may be continued although such use or building does not conform to the provisions of this chapter.

A nonconforming use of a building or land which is abandoned shall not be resumed or restored.

A nonconforming use or building may be expanded or extended only in accordance with law. A nonconforming use may not be changed to any use except one which is permitted in the zoning district in which the property is located.

Subject to any applicable provisions of the Pennsylvania Municipalities Planning Code,[1] existing lots or properties shall be combined to achieve, to the maximum extent possible, compliance with the applicable lot area and width requirements of this chapter, except that a lot containing a dwelling or other principal building on January 1, 1988, need not be combined with any contiguous lot which had not been so developed on that date.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

A building may be erected on any lot which is not of the required minimum lot area or width for the district in which the lot is situated if all of the conditions set forth below are satisfied.

(1)

The lot was created in compliance with the then-applicable zoning and subdivision regulations.

(2)

The nonconformance has not been created or increased by any action of the owner or any predecessor in title.

(3)

All combinations of properties required by Subsection D above have been effected.

(4)

All other requirements of the district in which the property is located are complied with. Except as provided in Subsection E(5), where dimensions of the lot make it impractical to comply with the applicable side yard or rear yard requirements, the Zoning Hearing Board may reduce those requirements by special exception, but no action under this sentence shall reduce the width of a side yard to less than eight feet or the depth of a rear yard to less than 15 feet.

[Amended 8-4-2008 by Ord. No. 2008-01]

(5)

The following minor structures may be constructed in R-1 Districts using side yards the width of which shall be at least eight feet, a rear yard the depth of which shall be at least 15 feet, and a front yard the depth of which shall be at least 50 feet.

[Added 8-4-2008 by Ord. No. 2008-01]

(a)

One-story detached accessory structures used as tool and storage sheds, children's playhouses and similar uses provided that:

[1]

The floor area does not exceed 120 square feet.

[2]

The width or length of the accessory building does not exceed 14.66 feet (14 feet eight inches).

[3]

The sidewalls do not exceed a height of eight feet as measured from the subfloor to the top of the top plate.

[4]

The height of the building does not exceed 12 feet as measured from the mean level of the ground surrounding the building to the peak of the roof.

[5]

The structure does not have a basement or enclosed crawl space.

(b)

Unenclosed decks, patios, and steps that are not in any way roofed or tented over, provided that:

[1]

The floor area does not exceed 120 square feet.

[2]

The height of the finished floor does not exceed 32 inches above the mean level of the ground.

[3]

Banisters, benches, handrails, tables, etc., do not exceed 42 inches above the floor of the deck.

A lawful building that is nonconforming with respect to any yard requirement may be extended if all of the conditions set forth below are satisfied.

[Added 10-18-2004 by Ord. No. 2004-4]

(1)

The extension does not intrude into any required yard area further than any existing lawful nonconformity.

(2)

The extension will not violate any building area limitation.

(3)

The total building area of all such extensions built in whole or in part in any then-required yard area shall not exceed the greater of 200 square feet or 25% of the building area when it became nonconforming.

§ 105-19 Steep slopes.

Average slope defined. As used in this section, the following term shall have the meaning indicated:

	AVERAGE SLOPE - The slope of land determined according to the formula:
	S =	.0023	x I x L
		A
Where:
	S is the average slope in percent.
	I is the contour interval in feet.
	L is the combined length of contour lines in feet.
	A is the area in acres of the parcel being considered.

Steep slope regulations. In every zoning district every lot having an average slope of 25% or more shall have the required minimum lot area increased by a factor of 1.5.

Procedure. The Zoning Officer shall determine the average slope of lots from information available to him, including any maps prepared by the applicant. In any instance where the provisions of Subsection B above may be applicable, it shall be the obligation of the applicant to furnish accurate topographical maps sufficient to establish the average slope of the property.

§ 105-20 General regulations.

Projections into yards. No building and no part of a building shall be erected within or project into any front, rear or side yard except cornices, eaves, gutters or chimneys, projecting not more than two feet and steps and canopies over entrances projecting no more than four feet.

Multiple front yards. Where a lot has more than one front yard, the owner may designate the yard which is to be treated as the rear yard.

Yards in the case of condominiums or multiple-unit buildings. The division of a principal building by title boundaries shall not in and of itself require the provision of yards along the lines which divide the building.

Stables. Stables, exercise yards or pens for horses or ponies shall be located at least 300 feet from any dwelling house other than that of the owner.

Height regulations. The height of any building or structure in any district shall not exceed 45 feet from mean level of the ground surrounding the building, including any projection above the roof, such as towers and spires, but excepting chimneys (on all buildings) and spires and towers on churches.

[Amended 10-18-2004 by Ord. No. 2004-4; 8-4-2008 by Ord. No. 2008-01]

Building area. The building area on any lot shall not exceed the following percentages of the area of the lot:

[Amended 10-18-2004 by Ord. No. 2004-4]

	District	Percent
	R-A and R-AS Districts	15%
	R-1 and C-1 Districts	20%
	R-3 and R-4 Districts	25%
	R-2 Districts	40%
	C-2 Districts	50%

Lighting. In all districts except C-2 Commercial Districts illumination of any signs, buildings, structures, tennis courts or other areas shall be subject to the following regulations.

(1)

Floodlighting or high-intensity lighting shall be selected and installed so that only the sign, building, structure, tennis court or other open area on a lot is directly illuminated. Such lighting shall be so aimed or shielded that the light shall not be directed on to any adjacent lot. Floodlighting or high-intensity lighting over 150 watts shall be located so that the glare or reflection visible from a street or residence adjacent to the sign, building, structure, tennis court of other open area being illuminated shall not be greater than one footcandle at the property or street line.

(2)

No floodlighting or high-intensity lighting, except surveillance, security, decorative or safety lighting, shall be permitted after 11:00 p.m.

Approvals. Except where the proposed building is located in a C-2 Commercial District, plans for any use described in § 105-10B(3) shall be submitted to Borough Council for a determination that the use is permitted and that the architectural design is appropriate for the neighborhood.

Prohibited uses. Anything in this chapter to the contrary notwithstanding, no building may be erected, altered or used and no lot may be used or occupied for any use which gives off noxious odors, smoke, gas or particles or disturbs the tranquility of the borough or any significant portion thereof by frequently producing loud noise, vibration or bright illumination or poisons or pollutes the air, water or land or which constitutes a public hazard, whether by fire, explosion or otherwise.

Accessory residential facilities. Except when located in C-2 Commercial Districts, accessory buildings erected or maintained in connection with single-family or multifamily dwellings shall not contain sleeping, living or cooking facilities of any type. They may contain a half bath consisting of a commode and sink.

[Added 6-5-1995 by Ord. No. 113; amended 8-4-2008 by Ord. No. 2008-01]

§ 105-21 Administration.

Zoning Officer. It shall be the duty of the Zoning Officer to administer the provisions of this chapter. He shall examine all applications for permits, issue permits which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans or documents and make such reports as Borough Council may require.

Permits required. A permit shall be required prior to the erection, addition or alteration of any building or portion thereof, prior to the use or change in the use of a building or land, prior to any change or extension of a nonconforming use, and prior to the construction, reconstruction, creation or alteration of all driveways or access drives.

[Amended 9-12-2002 by Ord. No. 2002-3]

Applications for permits.

(1)

Applications for permits shall be made in writing to the Zoning Officer on forms furnished by the borough. The application shall contain all information necessary to enable the Zoning Officer to ascertain whether the proposed building or use complies with the provisions of this chapter. All applications involving construction of a building or an addition or alteration to a building shall specify the materials to be used to finish the exterior and roof of the building, and no application shall be granted unless the application shows provision for the completion of the exterior and roof with materials suitable for the final finishing of exterior surfaces. Applications shall be accompanied by the fee specified by Borough Council.

(2)

In addition to the requirements of the preceding Subsection C(1), applications for approval of a conditional use for mining, extraction and drilling for minerals shall include the following:

[Added 7-6-2009 by Ord. No. 2009-02A]

(a)

Name and address of the land owner and/or developer.

(b)

Complete description of the development in reasonable detail, including any required roads, infrastructure and pipelines.

(c)

Proof that all necessary approvals, consents and permits have either been obtained from the applicable local, state or federal agencies or, if not yet obtained, the status of the approvals, consents or permits.

(d)

Proof that all necessary rights-of-way, easements or consents have been obtained to install pipelines.

Issuance of permits. No permits shall be issued until the Zoning Officer has determined that the proposed building, addition, alteration or use complies with all of the provisions of this chapter. Further, no permit shall be issued prior to the construction or renovation of any building without a driveway or access drive permit.

[Amended 9-12-2002 by Ord. No. 2002-3]

Expiration of permits. All permits issued after the date of this chapter shall expire unless construction is commenced within 12 months of the issuance of the permit and the permit shall contain a notation to that effect. The exterior and roof of all buildings or additions or alterations to a building shall be completed in conformance with the application within two years of the issuance of the permit.

Zoning Hearing Board. The Zoning Hearing Board (the Board) shall consist of three members appointed by Borough Council as provided by law. The Board shall hear applications, appeals and challenges as specified in the Pennsylvania Municipalities Planning Code (the Code),[1] and shall have the full power vested in a Zoning Hearing Board by the code, including the power to adopt rules and procedures consistent with the provisions of the code. Applications, appeals or challenges may be filed with the Chairman or Vice Chairman of the Board, or with the Borough Secretary.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Applications to Borough Council. Applications for approval of a conditional use by Borough Council and challenges filed with that body shall be filed with the Chairman or Vice Chairman of Borough Council or with the Borough Secretary. An application for conditional use approval shall be referred promptly to the Zoning Committee of Borough Council which shall have the powers and duties conferred by the Municipalities Planning Code upon a planning agency. Within 45 days, the committee shall submit to Borough Council its written recommendations with respect to the application.

Appeals and applications.

[Amended 10-1-1998 by Ord. No. 121]

(1)

Applications, appeals, challenges and applications for approval of a conditional use (together called "application" in this subsection) filed with the Board or with Borough Council, shall be in writing and shall state:

(a)

The name and address of the person filing the application.

(b)

The name and address of the owner of the property involved in the application.

(c)

A brief description of the property involved in the application.

(d)

Application for approval of a sign shall be made by the owner or lessee of the property on which the sign is to be located, or the agent of either; provided, however, that if the application is made by a person other than the owner, it shall be accompanied by a written authorization from the owner. The full names and addresses of the owner, lessee, applicant or other responsible party shall be stated in the application.

(e)

A brief description of the improvements upon the property, and the present use thereof, and a description of the action or permission requested, or to which objection is made. If the application is for approval of a sign, the application shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the sign, the location where the sign will be erected and such other information as may be necessary to determine compliance with this chapter.

(f)

A brief description of the matters that are at issue and the grounds for the application.

(g)

A statement that the applicant requests a hearing.

(2)

In the case of a challenge, the application shall also comply with the applicable provisions of § 1004 or § 1005 of the code.[2]

[2]

Editor's Note: See 53 P.S. § 10916.1 and § 10913.1.

Meetings. Meetings of the Board or of Borough Council with respect to zoning proceedings shall be held at the call of the Chairman, or in his absence, the Vice Chairman, and at such other times as the Board or Borough Council may determine. The Chairman, or in his absence the Vice Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public and shall be governed by § 908(l) through (10) of the code,[3] as amended from time to time. [In the case of hearings before Borough Council, the word "Board" in the cited code provisions shall mean Borough Council.]

[3]

Editor's Note: See 53 P.S. § 10908(1) through (10).

Public hearings.

(1)

Upon the filing of an application, appeal, challenge or application for approval of a conditional use, the Board or Borough Council, as the case may be, shall fix a time and place for a public hearing and shall give notice thereof as follows:

(a)

By publishing notice thereof once a week for two successive weeks, in a newspaper of general circulation in the borough.

(b)

By mailing notice to the parties in interest.

(c)

By mailing notice to every resident or property owner or association of residents or property owners of the borough who shall have registered their names and addresses for this purpose with the Secretary of the Borough.

(d)

By mailing notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers of every lot on the same street within five hundred (5001) feet of the real estate in question, and of every lot not on the same street but within 150 feet of the real estate.

(2)

Failure to give notice required by Subsection J(1)(c) and (d) shall not invalidate any action taken by the Board or by Borough Council.

(3)

Notices shall state the location of the real estate involved and the general nature of the questions involved, and the time and place of the hearing.

Standards of proof.

(1)

An applicant for a variance shall have the burden of establishing both:

(a)

That a literal enforcement of the provisions of this chapter will result in unnecessary hardship, as that term is defined by law, including judicial decisions; and

(b)

That allowance of the variance will not be contrary to the public interest.

(2)

An applicant for a special exception or a conditional use approval shall have the burden of establishing both:

(a)

That his application falls under a provision of this chapter which accords to the applicant the right to seek a conditional use approval. For mining, extraction or drilling operations an applicant also must establish that the specific site selected is an appropriate location for the use and that noise, glare and other effects of the use will not adversely affect other properties; and

[Amended 7-6-2009 by Ord. No. 2009-02A]

(b)

That the granting of a conditional use approval will not be contrary to the public interest.

(3)

In determining whether the allowance of a variance, special exception or a conditional use approval is contrary to the public interest, the Board or Borough Council, as the case may be, shall consider whether the application, if granted, will:

(a)

Substantially increase traffic in the streets or create dangerous traffic patterns or create hazards to vehicles or pedestrians;

[Amended 7-6-2009 by Ord. No. 2009-02A]

(b)

Overcrowd the land or create an undue concentration of population or commercial or industrial activity;

(c)

Be consistent with surrounding zoning and the character of the neighborhood in which the real estate is located including, where applicable, the historical attributes of the neighborhood;

(d)

Have a significant adverse effect on the neighborhood or neighborhood property values;

[Amended 7-6-2009 by Ord. No. 2009-02A]

(e)

Adversely affect the public health, safety or welfare due to changes in drainage, air quality, noise or glare levels or natural features of the land;

[Amended 7-6-2009 by Ord. No. 2009-02A]

(f)

Adversely affect the logical, efficient and economical extension or provision of services and facilities such as public water, sewers, refuse collection, police and fire protection; or

(g)

Make satisfactory provision and arrangements concerning the following:

[Added 7-6-2009 by Ord. No. 2009-02A[4]]

[1]

Ingress and egress to the property and structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow, control and access in case of fire or catastrophe; and

[2]

Off-street parking and loading; and

[3]

Refuse and service areas; and

[4]

Screening and buffering with reference to type, dimensions and character.

[4]

Editor’s Note: This ordinance also provided for the redesignation of former Subsection K(3)(g) as Subsection K(3)(h).

(h)

Otherwise adversely affect the public health, safety, morals or welfare. (The applicant shall not have the burden of proof with respect to this criteria.)

Expiration of approval. Unless otherwise specified by the Board or by Borough Council, a variance, special exception or conditional use approval shall expire if a permit is not obtained within six months from the date of the decision which authorizes its issuance. If an appeal is taken, the six-month period shall run from the final determination in the proceeding.

Enforcement procedure.

[Amended 10-1-1998 by Ord. No. 121]

(1)

The Zoning Officer shall report alleged ordinance violations to Borough Council. Upon authorization of the Borough Council, the Zoning Officer shall investigate complaints of ordinance violations and issue enforcement notices and orders. Such notices shall be sent, in writing, by certified or registered mail or served personally as described below upon persons, firms or corporations deemed to be violating the terms of the ordinance, and/or deemed by the Zoning Officer to be the owner of record of the parcel on which the violation has occurred, directing them to correct all conditions found in violation. If any such person or persons does not comply with the written notice of violation within a prescribed period of time, the Zoning Officer shall notify the governing body for their authorization to file a citation with the District Justice. An enforcement or violation notice shall state at least the following:

(a)

The name of the owner of record and any other person against whom the municipality intends to take action.

(b)

The location of the property in violation.

(c)

The specific violation with a description of the requirements which have not ben met, citing in each instance the applicable provisions of the ordinance.

(d)

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

(e)

That the recipient of the notice has the right to appeal to the Zoning Hearing Board.

(f)

That failure to comply with the notice within the time specified, unless extended by appealing to the Zoning Hearing Board, constitutes a violation with possible sanctions clearly described.

(2)

In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough Council shall have the responsibility of presenting its evidence first.

Violations.

[Amended 10-1-1998 by Ord. No. 121]

(1)

Notice of violation. Whenever the Zoning Officer determines or feels that there has been a violation of any provision of this chapter, the Officer shall give notice of such alleged violation, as provided in Subsection I of this section.

(2)

Causes of action. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping, or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time of the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.

(3)

Enforcement remedies. District Justices shall have jurisdiction over enforcement actions. Any person, partnership or corporation who or which shall violate the provisions of this chapter shall, upon conviction thereof in a civil enforcement proceeding commenced by the municipality, be sentenced to pay a fine of not more than $500, plus all court costs, including reasonable municipal attorney fees. Each day that a violation is continued shall constitute a separate offense, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the 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 District Justice and thereafter each day that a violation of this chapter continues shall constitute a separate violation. All fines collected for the violation of this chapter shall be paid over to the borough. If the defendant neither pays for the fines nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure.

Severability. The provisions of this chapter are severable, and it any section, sentence, clause, part or provision of this chapter or of the zoning map which is a part of this chapter shall be held illegal, invalid or unconstitutional by Borough Council, the Zoning Hearing Board or by any court of competent jurisdiction, such decision shall not affect the remaining sections, sentences, clauses, part or provisions of this chapter or said map. It is hereby declared to be the intent of Borough Council that this chapter and said map would have been adopted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.