A.
Prohibited uses. In addition to the requirements of Articles V and VI specifying permitted uses allowable in each district, the following uses are listed to further describe the nature, character and type of uses not included as a permitted use, and they are prohibited in any district in the Borough.
(1)
Any trade, industry or use which is deemed to be noxious
or offensive by reason of the emission of smoke, noise, gas, odor,
dust, vibration or excessive light beyond the limits of its lot, so
as to be dangerous or prejudicial to the public health, safety or
general welfare.
(2)
Sky rides, ferris wheels, roller coasters, shooting
galleries and similar recreation center devices, not including such
devices associated with transient fairs, carnivals, circuses or other
similar traveling amusements.
(3)
Rendering plants for animal products.
(4)
Manufacture or storage of explosives or fireworks
in violation of acts of State Legislature or local ordinances.
(5)
Rear dwelling.
(6)
Junkyard.
B.
Placement of accessory uses and structures. The placement
of a private garage, accessory parking area or other accessory building
or use shall be subject to the following requirements:
(1)
No accessory building shall be constructed within
five feet of any rear lot line.
(2)
Nothing contained herein shall prevent the construction
of a private garage as a structural part of a main dwelling, provided
that when so constructed, the exterior garage walls shall be regarded
as the walls of the main dwelling in applying the front, rear and
side yard regulations of this chapter.
(3)
No private garage or other accessory building shall
be within a required front yard or side yard in any district. Unroofed
parking areas are permissible in required front yards and in portions
of side yards not otherwise required for a planting screen in commercial
and industrial districts, provided that the parking area is of sufficient
size for vehicle storage and maneuvering, and provided that ingress
and egress points are clearly established for the safe channelization
of traffic to and from the adjacent streets.
(4)
Any access driveway may be located within a required
side yard or required front yard.
(5)
Accessory buildings and uses shall be on the same
lot with the main building or buildings or on an immediately adjacent
lot in the same ownership or within the site limits of a site plan
of development approved by the Planning Commission as prescribed in
this chapter.
(6)
Required accessory parking areas and truck loading
spaces shall have safe and adequate access to a public street either
by a driveway on the same lot or by means of a permanent easement
across an adjoining lot.
(7)
No required accessory parking area or off-street truck
loading space shall be encroached upon by buildings, open storage
or an other use.
(8)
Accessory private garages may be constricted within
or under any portion of a main building.
C.
Small lots of record. Notwithstanding the lot area, lot width and lot coverage requirements of any district listed in Articles V and VI, a building or structure containing a permitted or special exception use may be erected on any lot with less than the required lot width or lot area if separately owned and not adjacent to any lot in the same ownership at the effective date of this chapter, provided that the aggregate width of the side yards be not less than 25% of the lot width and that the narrower side yard be not less than three feet in width.
D.
Height.
(1)
Nothing herein contained shall restrict the height of a church spire, cupola, dome, mast, belfry clock tower, radio or transmission line, tower, flagpole, chimney flue, water tank, elevator or stair bulkhead, stage tower, scenery loft, smoke stack, silo or similar structure. Commercial communications towers and antenna shall additionally conform to the requirements of § 108-36C(5). No such structure shall:
(2)
No private garage or other accessory building shall
exceed 15 feet in height.
E.
Yards.
(1)
Front yard. The space in a required front yard shall
be open and unobstructed except for an unroofed balcony or terrace
projecting not more than eight feet or steps giving access to a porch
or first floor entry door.
(2)
All yards. Every part of a required yard shall be
open to the sky unobstructed by structures except for retaining walls
and for accessory buildings in a rear yard and except for the ordinary
projections of sills, belt courses and for ornamental features projecting
not to exceed six inches.
(3)
Open or lattice-enclosed fireproof fire escapes or
stairways. Required by law, projecting into a yard not more than four
feet, and the ordinary projections of chimneys and pilasters shall
be permitted when placed so as not to obstruct light and ventilation.
(4)
Front yard exception. The front yard requirements
shall not apply to a lot where such building is adjacent to an existing
building or buildings which have nonconforming front yards; provided,
however, that such building shall not be permitted to have a front
yard of less depth than of the average of the two immediately adjoining
buildings or than that of the only adjoining building when only one
exists.
F.
Through lots. Where a lot extends through from street
to street, the applicable front yard regulations shall apply to both
street frontages.
G. 
Corner clearance. On a corner lot, within the triangular
area (shown in the below listed figure) determined as provided in
this section, no wall or fence or other structure shall be erected
to a height in excess of two feet; and no vehicle, object or any other
obstruction of a height in excess of two feet shall be parked or placed;
and no hedge, shrub or other growth shall be maintained at a height
in excess of two feet, except that trees whose branches are trimmed
away to a height of at least 10 feet above the curb level shall be
permitted. Such triangular area shall be determined by the intersecting
street center lines and a diagonal connecting two points, one at each
street center line, each of which points is 75 feet from the intersection
of such street center lines.
H.
Temporary building permits.
(1)
A temporary building permit may be issued for a period not to exceed one year for a nonconforming building, structure or use incidental to a building or other construction project, including such uses as the storage of building supplies and machinery, and a real estate office located on a tract of land where individual properties are being offered for sale; provided that such temporary permit shall be issued only upon written agreement (as defined in § 108-8) by the owner or his agent to remove such building or structure upon expiration of such permit; and further provided that such permit shall be subject to such reasonable conditions as the Zoning Hearing Board shall determine to be necessary to protect the public health, safety, morals and general welfare. Such a permit may be renewed annually over a period not to exceed three years.
(2)
A temporary building permit may be issued for a period
not to exceed nine months for a basement standing alone to be used
as a dwelling unit, provided that the owner is able to demonstrate
his intent and formal arrangements to complete construction of the
structure by the end of the nine-month time period.
A.
Mineral extraction.
(1)
The activities and residual effects shall not create
conditions that are significantly hazardous to the health and safety
of neighboring residents.
(2)
After areas are used for mineral extraction, they
shall be reclaimed in phases to a nonhazardous and environmentally
sound state in accord with the provisions of the environmental protection
performance standards as set forth in Title 25, Chapter 77 of the
Pennsylvania Code.
(3)
A seventy-five-foot-wide yard covered by natural vegetative
ground cover (except at approved driveway crossings) shall be required
along all exterior lot lines that are within 250 feet of an area of
excavation or within 250 feet of machinery that is greater than 35
feet in height. This yard shall include an earthen berm averaging
a minimum of six feet in height and an average of one shade tree for
each 50 feet of distance along the lot lines.
(4)
The following minimum setbacks shall apply for the
excavated area of a mineral extraction use from property that is not
owned by the owner of the mineral extraction use:
(a)
One hundred feet from the existing right-of-way
of public streets and from all exterior lot lines of the property.
(b)
Three hundred feet from a commercial or industrial
building, unless released by the owner thereof.
(c)
Three hundred feet from a residential lot line,
other than an abandoned dwelling.
(d)
Three hundred feet from the lot line of a publicly
owned recreation area that existed at the time of the application
for the use or expansion.
(5)
The excavated area of a mineral extraction use shall
be set back 100 feet from the average waterline of a perennial or
intermittent stream or the edge of a natural wetland of more than
two acres.
(6)
Fencing. The Borough Council may require secure fencing
in locations where needed to protect public safety.
[Amended 6-1-2004 by Ord. No. 598, approved 6-1-2004]
(7)
County conservation district. A soil erosion and sedimentation
plan shall be prepared by the applicant and found to be acceptable
to the County Conservation District.
(8)
Hours of operation. The Borough Council may reasonably
limit the hours of operation of the use and of related trucking and
blasting operations to protect the character of adjacent residential
areas.
[Amended 6-1-2004 by Ord. No. 598, approved 6-1-2004]
(9)
Additional reviews. The applicant shall submit at
least 14 days prior to initial Borough Council hearing a complete
copy of all application materials and a site plan to the Borough Council
and to the Planning Commission for advisory review. The application
shall be sent to the Borough Engineer or an alternate engineer appointed
by Borough Council for a review, with the reasonable costs of such
review paid by the applicant.
[Amended 6-1-2004 by Ord. No. 598, approved 6-1-2004]
(10)
The applicant shall also submit a copy to the
Zoning Officer of all materials submitted by the applicant to state
agencies regarding an application for this project. The use shall
comply with all applicable state regulations as a condition of Borough
approvals under this chapter, and such Borough approval may be revoked
for violation of this condition.
(11)
Preemption. It is not the intent of this section
to unlawfully preempt any federal or state law or regulation. Unless
a preemption of this chapter would exist, the most strict and least
permissive requirements shall be in effect where a conflict might
exist.
(12)
Application requirements. Each application for
a mineral extraction use involving an excavation of more than one
acre shall include the following:
(a)
Present uses of the site. A scaled map, prepared
by a professional engineer, showing the locations of:
[1]
The proposed area to be excavated (and maximum
depth).
[2]
Other land to be affected, including but not
limited to storage sites for overburden, access and haulage streets,
storage sites for equipment and offices and other accessory structures.
[3]
Lot lines of adjacent lots and owners and existing
uses of these lots.
[4]
Watercourses, bodies of water, street rights-of-way,
buildings and publicly owned recreation areas within 250 feet of the
boundaries of land to be affected by the mineral extraction operation.
[5]
Any wetlands and forested areas to be removed
or protected and preserved as part of the use.
(b)
A detailed land reclamation plan of the area
to be excavated, showing:
[1]
Proposed reclaimed use and topography of the
land following the mineral extraction.
[2]
Actions to be taken during mining to conserve
and replace topsoil removed during mining operations.
[3]
Reasonable assurances that the applicant will
be capable of reclaiming the land in accordance with the plan within
a reasonable time after completion of the mineral extraction operations
to be covered by the requested permit.
(c)
Maximum acreage actively used for mineral extraction.
To ensure that large areas of land will be reclaimed in compliance
with state and Borough regulations, the Borough Council may establish
a maximum number of acres which may be affected by mineral extraction
at any one time on any lot or any series of lots owned by one applicant
or closely related applicants.
[Amended 6-1-2004 by Ord. No. 598, approved 6-1-2004]
(d)
Land affected by mineral extraction shall mean
all total land area at any point in time that is currently under active
mineral extraction, that is not adequately reclaimed or backfilled
following prior extraction operations and/or that contains waste or
spoil pile from existing or prior mining activities.
B.
Mobile home siting. All mobile home placements shall
occur in accord with the following provisions:
(1)
The area of the mobile home stand shall be improved
to provide an adequate foundation for the placement of the mobile
home.
(2)
The stand shall be constructed from material sufficient
to adequately support the mobile home and prevent abnormal settling
or heaving under the weight of the home. The corners of the mobile
home shall be anchored to prevent wind overturn and rocking with tie-downs
such as concrete dead men, screw augers, arrowhead anchors or other
devices capable of resisting an allowable working load equal to or
exceeding 3,150 pounds and shall be capable of withstanding a 50%
overload (4,725 pounds total) without failure of either the anchoring
equipment or the attachment point on the manufactured home.
(3)
After a mobile home has been anchored to the mobile
home stand, the hitch which is employed for the transportation of
the unit shall be removed if not of bolted construction, and there
shall be a decorative skirt installed around the base of the unit.
(4)
Any mobile/manufactured home placed on any lot after
the adoption of this chapter shall be constructed in accordance with
the Safety and Construction Standards of the United States Department
of Housing and Urban Development. These federal standards supersede
the BOCA Code for the actual construction of the home itself. Each
home shall be equipped with a minimum of one smoke detector and a
ULI-approved portable fire extinguisher labeled as suitable for A,
B and C fires.
(5)
The mobile home shall have a pitched roof.
C.
Noncommercial swimming pool.
(1)
A noncommercial swimming pool which is designed to
contain a water depth of 24 inches or more shall not be located, constructed
or maintained on any lot or land area, except in conformity with the
requirements of these regulations. A permit shall be required to locate,
construct or maintain a noncommercial swimming pool.
(2)
Such pool shall be located in a rear yard only.
(3)
Every noncommercial swimming pool shall be entirely
enclosed with a good quality chain link wire, wooden or other equivalent
fence of not less than six feet in height, with a locking gate.
(4)
Such pool shall be located not less than 10 feet from
any lot line, with the exception that the record owners of the two
halves or units of a two-family detached dwelling consisting of more
than one story in each unit and joined by a common wall and by a common
property line to the rear of the two-family unit may waive this requirement
by agreement, in writing and approved by the Zoning Officer, with
regard to the common property line extending from the common wall
to the rear of the property only. The requirement of this subsection
can be waived with regard to the common property line which is the
extension of the common wall and with regard to this lot line only.
(5)
Such pool shall not occupy more than 25% of the rear
yard area, including all private garages or other accessory buildings
or structures.
(6)
If the water for such pool is supplied from a private
well, there shall be no cross-connection with the community water
supply system.
(7)
If the water for such pool is supplied from the community
water supply system, the inlet shall be above the overflow level of
said pool.
(8)
No permit shall be granted for the installation or
construction of such swimming pool unless the plans shall meet the
minimum construction requirements of the Borough and unless the drainage
of such pool is adequate and will not interfere with the community
water supply system, with existing sanitary facilities or with the
public streets.
(9)
No loudspeaker or amplifying device shall be permitted
which will project sound beyond the bounds of the property or lot
where such pool is located.
(10)
No lighting or spotlighting shall be permitted
which will shine directly beyond the bounds of the property or lot
where such pool is located.
D.
Private garages accessory to multiple dwellings.
(1)
In private garages accessory to multiple dwellings,
no commercial repairing of cars shall be done, but washing of tenants'
cars shall be permitted.
(2)
Private garages accessory to multiple dwellings shall
conform in exterior architectural style and treatment to the architecture
of the main building or buildings and shall be of similar materials.
E.
Private garages or private parking area in a residential
district.
(1)
A private garage or private parking area may be utilized
only as an accessory to the main use, except that no more than two
parking spaces in a private garage accessory to a one-family or two-family
dwelling may be rented to a person who is not a resident of the main
building.
(2)
Not more than one commercial vehicle, with a gross
weight limited to 2 1/2 tons, may be housed on any lot, and then
only in a private garage.
F.
Waiver of yard and lot requirements for an industrial
park. The interior lot and yard requirements for individual sites
located in an industrial park may be waived when the overall development
is based on an overall site plan. However, main buildings shall not
be placed closer together than the height of the higher building;
front yard requirements along public streets and rights-of-way shall
be observed. Minimum lot and yard requirements may be waived for individual
sites, provided that the average area of all sites in the industrial
park is not less than the minimum area requirements of the district
in which it is located, and no single lot shall be less than 1/2 the
minimum requirement. Average areas shall be computed and based on
the complete original plan.
G.
Family day-care home.
(1)
The dwelling shall retain a residential appearance
with no change to the exterior of the dwelling to accommodate the
use, other than cosmetic improvements.
(2)
Any day-care center involving seven or more children shall be considered the principal use and meet the standards of Subsection H for such use, if permitted.
(3)
The use shall be actively operated by a permanent
resident of the dwelling.
(4)
If four to six children who are not related to a permanent
resident of the dwelling are cared for, then a minimum of 200 square
feet of safe exterior play area shall be available.
(5)
The use shall comply with any applicable state and
federal regulations, including having an appropriate Pennsylvania
Department of Public Welfare (or its successor agency) registration
certificate or license if required by such agency.
(6)
The use shall include adequate measures to ensure
the safety of children from traffic or other nearby hazards. This
shall include a secure fence around any outdoor areas abutting streets
that are routinely used for outdoor play.
(7)
Outside play areas in residential districts shall
be limited to use between 8:00 a.m. and 9:00 p.m. if located within
200 feet of an abutting dwelling.
H.
Child day-care center.
(1)
The use shall comply with any applicable state and
federal regulations, including having an appropriate Pennsylvania
Department of Public Welfare (or its successor agency) registration
certificate or license.
(3)
In residential districts, where permitted as a principal
use, the use shall have a minimum setback of 15 feet from an abutting
residential lot line.
(4)
The use shall include adequate measures to ensure
the safety of children from traffic or other nearby hazards. This
shall include, at a minimum, a secure fence around any outdoor areas
abutting streets that are routinely used for outdoor play.
(5)
Outside play areas in residential districts shall
be limited to use between 8:00 a.m. and 8:00 p.m. if located within
200 feet of an abutting dwelling.
(6)
Outdoor play areas of a day-care center involving
the care of 25 or more children at any one time shall be set back
a minimum of 25 feet from the exterior walls of an abutting existing
occupied dwelling.
(7)
This use shall not be conducted in a dwelling that
is physically attached to another dwelling that does not have a common
owner.
(8)
In residential districts, any permitted day-care use
shall maintain an exterior appearance that resembles and is compatible
with any existing dwellings in the neighborhood.
(9)
A day-care use may occur in a building that also includes
permitted or nonconforming dwelling units.
A.
Off-street parking. Off-street parking spaces for
the storage or parking of passenger vehicles shall be provided pursuant
to the provisions of this section.
(1)
Individual parking spaces. Parking areas shall be
marked off into parking spaces, each with a minimum width of nine
feet, length of 18 feet, and a minimum area of 162 square feet, exclusive
of driveways and turning areas.
(3)
Other uses not specifically listed. The same requirements as for the most similar use listed in Subsection A(2).
(4)
Mixed uses. Total requirements shall be the sum of
the requirements of the component uses computed separately.
(5)
Fractional space. In all districts, when required
parking spaces result in the requirement of a fractional space, any
fraction under 1/2 may be disregarded, and any fraction of 1/2 or
greater shall be construed as requiring a full space.
(6)
Nonapplicability of existing buildings and uses. The provisions of Subsections A(1) through five shall not apply to any building, structure or use lawfully in existence at the effective date of this chapter, where continued as a permitted or a nonconforming use, or thereafter converted or changed without enlargement to a different lawful use.
(7)
Substitution of public parking facilities. The requirements of Subsection A(2) can be met by showing the lack of need for such parking areas, where the lot is within 500 feet of a public parking area owned or operated by the Borough, or by a public parking authority, measured in a straight line between the nearest point of such parking area and the nearest point of such lot.
(8)
Reduction in parking demand. A reduction in the number of parking spaces in accessory garages or parking areas originally provided and installed pursuant to the requirements of Subsection A(2) may be permitted in cases where proof is furnished that, by reason of diminution in number or dwelling units or residents or in floor area, seating capacity of area, number of employees or change in other factors determining the demand for parking spaces, the proposed reduction will be consistent with the requirements of said Subsection A(2).
B.
Required off-street truck loading spaces.
(1)
Every building or structure, lot or land hereafter
put into use for business or industrial purposes or for a hospital,
and which has an aggregate floor area of 4,800 square feet or more
in any nonresidential district or 15,000 square feet or more in any
other district where such uses are permitted, shall be provided with
off-street truck loading spaces in accordance with the following schedule:
|
Aggregate Floor Area Devoted to Such Use
(square feet)
|
Required Number of
Off-Street Truck Loading Spaces
| |
|---|---|---|
|
4,800 to 25,000 in GB, IL and IE Districts
|
1
| |
|
15,000 to 25,000 in other districts
|
1
| |
|
25,001 to 40,000 in all districts
|
2
| |
|
40,001 to 100,000 in all districts
|
3
| |
|
Each additional 60,000 in all districts
|
1 additional
|
(2)
Size of individual truck loading space. An off-street
truck loading space shall have a minimum width of 10 feet, a minimum
length of 25 feet, and minimum clear height of 14 feet, including
its access from the street.
C.
Access driveways.
(1)
All access driveways for a public garage, public parking
area, filling station, service station or car washing station may
be used for separate or combined entrance and exit. Every separate
entrance or exit access driveway shall have a minimum unobstructed
width of 10 feet. Every combined entrance and exit access driveway
shall have a minimum total unobstructed width of 20 feet.
(2)
Where a lot does not abut on a public or private road,
alley or easement access, an access driveway not less than 10 feet
in width shall be provided for a private garage.
B.
Supplemental sign regulations.
(1)
A professional or announcement sign of a home professional
office or home occupation on a residence building shall be fixed flat
on the main wall of such building and shall not project more than
six inches, or may be erected in the front yard, but not within 10
feet of a street line. Such sign may be interior lighted in the cases
of the office of a physician or dentist only.
(2)
A name or announcement sign or signs, not over six
square feet in area, fixed to the main wall of a church, parish house,
club, school or public or semipublic building shall be permitted,
or may be erected in the front yard, but not within 10 feet of a street
line. Such sign may be interior lighted. Not more than two such signs
shall be permitted on a lot.
(3)
A real estate "for sale" or "for rent" sign or a construction
sign shall apply only to the property upon which it is placed. Not
more than two such signs shall be permitted on any one property or
premise.
(4)
No business sign, other than a professional or announcement
sign, shall be erected, hung, attached or displayed until a written
application has been made to the Zoning Officer and a permit therefor
has been duly issued by him upon payment of the established fee.
(5)
Projection. No sign shall project more than 12 inches
from the building facade to which it is attached.
(6)
Height. No sign that is a part of or is supported
by a building shall be erected upon the roof of such building, nor
shall such sign extend above the height of the building. No sign structure
that is not a part of or supported by a building shall be more than
18 feet in height above the average ground level at the base of such
sign.
(7)
Clearance. No sign structure erected directly upon
the ground shall have less than three feet of clear space between
such sign and the ground, provided that necessary supports may extend
through such open space.
(8)
Spacing. No sign structure erected directly upon the
ground shall be within five feet of any other sign structure.
(9)
Relationship to street intersection. No sign shall
be erected, attached or displayed within 25 feet of the point of intersection
of the street right-of-way lines at a street corner.
(10)
Illumination. Signs may be interior lighted
with nonglaring lights or may be illuminated by shielded floodlights;
provided, however, that no red or green lights shall be permitted
within 75 feet of the point of intersection of the street lines at
a street corner. No illuminated sign shall have a flashing, moving,
rotating, oscillating, shuttered or similar device.
(11)
Open-lettered signs. In a business or industrial
district, when a business sign or signs consist of open lettering
through which at least two-thirds of the circumscribing plane surface
of the building facade remains directly visible, such sign or signs,
on each building facade, may have an aggregate area of six square
feet for each one foot horizontal length of such facade, but shall
not exceed an aggregate area of 360 square feet on any one facade.
A.
Unlawful uses not to be construed as nonconforming.
An unlawful building or structure, or unlawful use of a building,
structure, lot or land existing at the effective date of the chapter,
shall not be deemed to be a nonconforming building, structure or use.
B.
Continuation of nonconforming uses. Any lawful use
which occupies any building or structure, lot or land at the effective
date of this chapter or any amendment thereto, but does not comply
with the use regulations of the district in which it is situated after
the effective date of this chapter or any amendment thereto, may be
continued as a nonconforming use in the building or structure or upon
the lot or land so occupied.
C.
Restoration.
(1)
If a building or structure used by a nonconforming
use is damaged to a degree less than 50% of its then fair market value,
it may be restored, reconstructed or used as before, provided that
the floor area of such use, building or structure shall not exceed
the floor area which existed prior to such damage and that it be completed
within one year of such happening.
(2)
A nonconforming building or structure that is devoted
to a conforming use may be reconstructed, structurally altered, restored
or repaired in whole or in part.
D.
Enlargement or extension. A nonconforming use or structure
may be enlarged or extended, provided that the use or structure exists
at the effective date of this chapter, the use or structure was arranged
or designed for such nonconforming use at the effective date of this
chapter and further provided that such enlargement or extension shall
not exceed 50% of the fair market value of such use or existing structure
at the effective date of this chapter.
E.
Change of use.
(1)
A nonconforming use may be changed to a conforming
use or to another nonconforming use upon approval by the Zoning Hearing
Board. The Board may grant a certificate of occupancy for a change
in a nonconforming use, provided that the Board shall have made a
determination that such change will be beneficial to the general neighborhood,
and further provided that the nonconforming use to which it is changed
is of the same or more restricted classification which is more appropriate
to the neighborhood in which situated than the original nonconforming
use.
(2)
A nonconforming use of a building or land that has
been changed to a more restricted classification shall not thereafter
be changed to a use of a less restricted classification.
(3)
A nonconforming use shall not be extended to displace
a conforming use.
F.
Termination. A nonconforming use shall be deemed to
have been terminated and shall not thereafter be reinstated when:
(1)
It is changed to a conforming use.
(2)
The building or structure used by the nonconforming
use is damaged to a degree greater than 50% of its then fair market
value.
(3)
It has been voluntarily discontinued for a period
of 12 consecutive months where such nonconforming use is in a building
or structure designed for such use.
(4)
When it has been voluntarily discontinued for a period
of six consecutive months where such nonconforming use is in a building
or structure not designed for such use or is on a lot or land whereon
there is no consequential building or structure devoted to such use.
G.
Repairs and maintenance. Normal maintenance and repairs
of a building or other structure containing a nonconforming use is
permitted, provided that they do not extend the floor area occupied
by the nonconforming use.
B.
Steep slopes.
(1)
Purpose. The purpose of this section is to control
the intensity of development on slopes exceeding 15%. Such slopes
are considered steep. Controlling the intensity of development on
steep slopes will assist in preventing future problems associated
with accelerated soil erosion and sedimentation, stormwater runoff,
on-lot sewage disposal operations, earth slippages and vehicular access
to buildings. Further, this section will assist in steering development
to lands more physically suited for new construction.
(2)
Applicability. This section shall apply to all land,
buildings and uses and all grading of land in preparation for building
in all zoning districts.
(3)
Submission.
(a)
Any application for subdivision or land development
or any application for a zoning or building permit for a principal
building or principal use or any proposal to extensively alter the
preexisting contour of land shall include the submission of a detailed
topographic map if the existing lot involved includes any areas of
15% or greater slope, that total greater than 1,000 square feet.
(b)
The topographic maps shall be at a scale of
one inch equals 50 feet and shall show the preexisting contours of
all lands proposed for any subdivision, land development, building
or use. Such contours shall be at intervals of five feet of vertical
change. Contours shall be based on an actual field survey supervised
and certified by a registered land surveyor.
(c)
The topographic map shall clearly identify areas
that have a preexisting slope of between 15% and 25% slope.
(d)
The applicant shall clearly designate the proposed
building site, including an area 25 feet around the proposed building
location, for each lot that includes or is proposed to include any
areas of 15% or greater slopes. Such building location shall then
become binding, once approved, unless a subsequent submission and
approval occurs under this section.
(4)
Lot areas.
(a)
If a proposed building site would not include
any areas with slopes exceeding 15%, the requirements of the steep
slopes section are not applicable.
(b)
If a proposed building site would include any
areas with existing slopes of between 15% and 25%, but would not include
any areas of 25% or greater slope, the following requirements shall
apply to each lot:
(c)
If a proposed building site would include any
areas with existing slopes of 25% or greater, the following requirements
shall apply to each lot:
(5)
Slopes of accessways and driveways. No portion of
any accessway or driveway shall have a finished slope in excess of
12%.
C.
Environmental protection required.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
(1)
All uses shall be developed in a manner consistent
with the preservation of the quality of the existing environment and
of any natural amenities present on the site.
(2)
All uses shall provide for the preservation and the
minimum destruction of natural drainage areas, minimum grading and
destruction of the ground surface, the preservation of substantial
stands of trees and forested areas, and the preservation of attractive
views and any other natural features existing on the site.
D.
Nuisances prohibited. No land or structure in any
Zoning District shall be used or occupied in any manner that creates
any:
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
(1)
Dangerous, injurious, noxious, or otherwise objectionable
condition.
(2)
Fire, explosion, or other hazards.
(3)
Heat, electromagnetic, or other radiation.
(4)
Smoke, dust, odor, or other form of air pollution.
(5)
Excessive noise.
(6)
Any other condition in such manner or in such amount
as to adversely affect the reasonable use or value of the surrounding
area or adjoining premises or be dangerous to public health or safety.
